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

This right also extends to noncitizens held within the United States, and in the case of those migrants who have been detained by the federal government, pending removal from the country as a part of Trump’s mass deportation plans, habeas corpus can be used to challenge.

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."