House Democrats question Wiles over reported conversations about suspending habeas corpus

House Democrats on the Oversight Committee sent a Wednesday letter to White House chief of staff Susie Wiles to inquire about reporting that says Trump administration officials discussed the possible suspension of habeas corpus last year.

Habeas corpus is a fundamental legal procedure that allows individuals who are detained or imprisoned to challenge the legality of their confinement in court. It requires the government to present an individual before a judge and explain a lawful reason for detention.

Congress exclusively holds the power to suspend the writ of habeas corpus.

“The right of habeas corpus has been enshrined since the beginning of the republic. Habeas corpus is a fundamental aspect of due process, allowing people in the United States to contest the basis of their detention,” Rep. Robert Garcia (D-Calif.), the top Democrat on the House Oversight Committee wrote.

“Without it, hundreds of immigrants, lawful residents, and US citizens detained since January 2025 would be deprived of a key legal tool to defend themselves against arbitrary, violent, and racially profiled ICE arrests,” he added.

Excerpts from the “Regime Change: Inside the Imperial Presidency of Donald Trump” by New York Times reporters Maggie Haberman and Jonathan Swan say that White House deputy chief of staff Stephen Miller proposed suspending habeas corpus for undocumented immigrants.

“A President declaring a suspension of the writ without authorization from Congress would be undoubtedly illegal,” Garcia wrote.

“The New York Times article reveals that, by trying to limit habeas corpus, forces within the Trump Administration attempted to prevent people from challenging illegal detentions or receiving hearings, allowing ICE to conduct arbitrary arrests and deportations with impunity,” he added.

The Democrat noted that the New York Times reporting “indicates a broader effort to use false narratives to justify violent, authoritarian measures against the American people.”

In an effort to further investigate the Trump administration’s plans surrounding habeas corpus, he requested that Wiles provide all memoranda, documents, records and communications sent by Miller, other White House officials or individuals within Department of Justice regarding the push.

Garcia set a deadline of July 1 to receive the documentation.