According to the US American television channel, the president of the United States Donald Trump It is currently involved in various discussions within its administration, given the possibility of taking the “extreme measure” of suspending the legal procedure of habeas corpusas happened during the II World War.
He habeas corpus It is a legal institution that forces to the US authorities to present, within a given preventive period, any person detained in the territory of the United States before the judged relevant, which could order your Immediate freedom If you do not find any sufficient reason to defend the arrest.
In other words, the habeas corpus it’s a legal principle that authorizes all people who consider being detained or imprisoned illegallyto request your immediate release in any court in the United States. For this reason, during the last four months, the Immigrants They have tried to present these requests.
However, according to the American media, the requests of habeas corpus are “notoriously difficult to win in a federal court. “Despite that, undocumented migrants have not had the opportunity to use this legal tool to avoid arrests, since the government has accelerated the deportation process.
The severity of habeas corpus suspension
Given this situation, the Faculty of Law of the Texas Universityone of the best qualified institutions to study and analyze the habeas corpusaccording to the American television channel Telemundo, issued a statement in which it warns that suspending that legal principle in the United States would be “a National Historical Disaster”
“He Executive power I could simply stop you, and there would be no appeal to avoid it. Obviously, they would do it to try to stop certain foreignersbut there is no reason to limit themselves to them, “added the law professor in Texas, Lee Kovarsky, who criticized the country’s executive branch, responsible for the execution of laws.
Given the circumstances, the Cabinet Subrice in the White House, Stephen Millerhe declared on Monday, May 12 that the administration of President Donald Trump is studying actively the suspension of the habeas corpus in the United States, because “everything depends on whether Courts They do the right or not. “
However, the former Federal ELIE HONIG He mentioned that Constitution of the United States allows the habeas corpus be suspended only when cases of rebellion either invasion In the country: “The suspension must be reserved for a real danger that represents the Threats More serious for public safety, “he added.
“The US Congress has never approved a law that authorizes Deportations Without any judicial intervention, as Stephen Miller suggests, “argued the US union of civil liberties (ACLUfor its acronym in English), an organization that presented a series of demands of habeas corpus to protect immigrants.
Throughout history, habeas corpus It has only been suspended four times in the United States: during the civil war with the former president Abraham Lincolnin the intervention against Ku Klux Klan In South Carolina, during the American domain period in Philippines and after the bombing of Pearl Harbor in Hawaiiin 1941.
Stephen Miller Says The White House is looking into suspending habeas corpus, Which Protects People from Unlawful Cientens: “A Lot of It depends on whether the couts do the right thing or not.” pic.twitter.com/azlhfy79Oz
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