"Reinterpreting the Constitution on a whim in an effort to grant authoritarian powers is unpatriotic and un-American."

A writ of habeas corpus requires authorities to produce in court an individual they are holding and justify their confinement. Article I of the Constitution says the "privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."

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.