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Christian Science Monitor

Christian Science Monitor

US Politics

US Politics

Trump officials say the president might suspend habeas corpus. Can he do that?

Christian Science Monitor
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Habeas corpus is a legal procedure that allows an individual to argue before a court that their detention is illegal.

The Constitution allows habeas corpus to be suspended in situations such as an invasion.

The writ has been suspended four times in U.S. history, and always with approval from Congress .

David Gergen : The Constitution says habeas corpus can be suspended in a time of invasion.

He says it's also true that unauthorized immigrants are entitled to less due process in certain situations.

Gergen says immigration courts also have final say on whether an immigrant can stay in the country or must leave.