The White House considered internal memoranda on suspending habeas corpus for certain non-citizens, according to reporting on a forthcoming book. Staff secretary Will Scharf sent memos to chief of staff Susie Wiles, including one dated April 29, 2025, while the Supreme Court agreed to hear Genalo v. Black involving two criminal legal permanent residents. Sources confirm the discussions but provide no evidence of implementation.
The deliberations show an effort to remove due-process protections from non-citizens through internal memos and advocacy by Stephen Miller.
“Executive power expanding without judicial checks on vulnerable populations”
Conservative
The reviews represent necessary steps to restore executive authority against judicial delays in removing criminal non-citizens.
“Countering interference that endangers public safety and enforcement”
Libertarian
Internal consideration of suspending habeas corpus threatens a core protection against arbitrary detention that applies to all persons.
“Risk of precedent eroding individual liberty regardless of citizenship status”
Devil's Advocate
All views overlook that the case and memos concern criminal legal permanent residents rather than undocumented immigrants broadly, and treat option memos as evidence of a live policy push without proof of follow-through.
“Narrower legal questions and routine contingency planning are missed by broader crisis or crackdown narratives”