White House considering suspending habeas corpus, Stephen Miller says

What he's saying: "The Constitution is clear," Miller told reporters outside the White House. "The privilege of the writ of habeas corpus can be suspended in a time of invasion. So, to say that's an option we're actively looking at ... a lot of it depends on whether the courts do the right thing or not."

• The Constitution allows for habeas corpus to be suspended "when in Cases of Rebellion or Invasion the public Safety may require it."
• Miller cited the termination of temporary protected status for some immigrants, alleging the courts violated laws passed by Congress by stepping in where they had no jurisdiction.
• "The courts aren't just at war with the executive branch. The courts are at war, these radical rogue judges, with the legislative branch as well too," Miller said. "All of that will inform the choice that the president ultimately makes."

Zoom out: Trump has tried to frame undocumented immigration as an "invasion" of the U.S. in many of his executive orders, invoking sweeping war-time powers to speed up immigrants' removals, often with little or no due process.

• Trump has raged against judges who have blocked many of those measures, leading to threats to impeach them.

• The administration has at times defied court orders, including when it failed to turn back deportation flights of alleged Venezuelan gang members a judge ordered returned.
• Though the U.S. Supreme Court ordered the administration to "facilitate" the return of the wrongly deported Kilmar Armando Ábrego García, the administration has argued that doesn't require it to take any active measures to bring him home.
• A federal judge threatened to hold the administration in contempt of court for failing to abide by the Supreme Court ruling.

Go deeper: Courts become the final guardrail against Trump