The "privilege of the writ of habeas corpus can be suspended at a time of invasion. So I would say that’s an action we’re actively looking at," Miller told reporters outside the White House.

The Trump administration is "actively looking at" suspending the writ of habeas corpus, which is the right to challenge the legality of a person's detention by the government, senior adviser Stephen Miller said.

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."