Stephen Miller, deputy White House chief of staff for policy, arrives ahead of the wedding of Dan Scavino, White House deputy chief of staff, and Erin Elmore, the director of Art in Embassies at the U.S. Department of State, at Mar-a-Lago in Palm Beach, Florida, U.S., February 1, 2026. REUTERS/Nathan Howard
A legal expert warned on Tuesday that one of President Donald Trump's cronies may have discovered a backdoor to eliminating one of America's most fundamental rights.
Ryan Goodman, editor-in-chief of Just Security, said in a new YouTube video that Trump's second administration is eroding the right of habeas corpus, or the right to challenge an unjust detention by the federal government. He pointed to a recent ruling by Judge Patrick Schiltz in Minnesota, who found that the government has ignored myriad court orders in habeas cases involving people detained by Trump's immigration forces.
Courts have not yet held the administration in contempt for its flagrant violations, but the possibility remains, Goodman noted.
Goodman described Schiltz's ruling as "extraordinary" and "mind-blowing." He said it also revealed how the Trump administration plans to suspend those same rights for other people with whom the administration disagrees.
"Taking a step back and looking at what's going on, the Trump administration seems to be trying to accomplish what appears to be on Steven Miller's wish list," Goodman said. "And when they come after immigrants, they can come after protesters. They can come after observers of protests. They can come after any of us."
Miller is widely considered to be the architect of Trump's deportation regime and has been one of its most ardent defenders. Last year, Miller said the administration was looking at suspending habeas corpus to deal with the "invasion" of immigrants. The administration backed off after considerable pressure, but Goodman noted that the administration's failure to provide those rights to detained immigrants is a "devious, backhanded way" to eliminate the right altogether.