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.

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

Top White House aide Stephen Miller says the Trump administration is looking for ways to expand its legal power to deport migrants who are in the United States illegally.