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.

Stephen Miller, President Trump's top policy adviser, said Friday the White House is exploring the option of suspending habeas corpus, the constitutional provision that protects from unlawful detainment.

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