The Constitution is clear — and that of course is the supreme law of the land — that the privilege of the writ of habeas corpus can be suspended in a time of invasion,” Miller said.

The Trump administration is considering whether it can suspend the right of an individual to challenge their detention in court.

Stephen Miller, a top aide, repeated a justification used in the immigration crackdown: that the country is fighting an invasion. But it is unclear if the president has the power to take such a step.