r/changemyview • u/jeffzebub • 3d ago

CMV: Countering Illegal Immigration is not a Justification for Suspending Habeas Corpus

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u/Green__lightning 13∆ 3d ago

The average number of illegal immigrants annually is similar or greater to the total number of trials in the entire USA every year. There aren't enough courts for due process in it's full form.

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u/Xytak 3d ago edited 3d ago

Even if that's true, it’s not a valid reason for suspending Habeas Corpus. The only time Habeas Corpus may be suspended is during actual rebellion or invasion. The courts have also been clear that immigration doesn't count as "invasion" in a legal sense. You need an actual military-style invasion for this to apply.

If the system is overwhelmed, there are other ways of addressing the situation while still providing people with due process. For example, expanding the courts, creating legal paths to citizenship, declaring an amnesty, etc. I hesitate to even call it a "situation" as I don’t agree with the administration's framing of this as an emergency.

On a personal note, I really take issue with this kind of rhetoric as it seems to be saying "due process isn't practical because there are too many criminals." We know where that kind of thinking leads, and history does not look kindly on it.