White House Deputy Chief of Staff Stephen Miller speaks during a roundtable on anti-fraud initiatives with Republican state attorneys general in the Indian Treaty Room of the Eisenhower Executive Office Building (EEOB) on the White House campus, in Washington, D.C., U.S., May 26, 2026. REUTERS/Evelyn Hockstein
Veteran Washington reporter Scott MacFarlane predicted Congress will investigate Deputy Chief of Staff Stephen Miller by week's end, following the New York Times' reports on Miller proposing to suspend habeas corpus rights for undocumented immigrants to accelerate deportations.
Habeas corpus, a centuries-old constitutional right rooted in the Magna Carta, requires the government justify detention before a judge. A confidential April 29, 2025 memo from White House staff secretary Will Scharf warned Chief of Staff Susie Wiles the proposal would be struck down, noting only Congress can suspend habeas corpus during rebellion or invasion.
Miller told reporters that suspension was "an option we are actively looking at," claiming the border qualified as an invasion.
Though the proposal faded, the Times reported it was never abandoned.
MacFarlane also revealed GOP Sen. Tom Tillis expressed concerns about the Anti-Weaponization Fund ahead of Acting Attorney General Todd Blanche's July confirmation hearings.
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