Press Releases

Washington, D.C. — Congresswoman Mary Gay Scanlon (PA-05) today released the following statement:

“This weekend was marked by two extraordinary statements from the Trump White House – statements which, in any other presidential administration, would have generated immediate condemnation and dismissals.

“On Friday, White House Senior Advisor Stephen Miller announced that the Trump administration, including the President, was considering suspending habeas corpus – the fundamental constitutional right to have a court determine whether or not someone is being held illegally. The Constitution’s Suspension Clause, the second clause of Section 9 of Article I, specifically states that habeas corpus cannot be suspended, except when an invasion or rebellion endangers public safety. In fact, it has only been invoked four times in the history of our nation, twice during the Civil War, and it is a power that belongs to Congress, not the President. 

“As justification for the suspension of habeas corpus, Mr. Miller cited the administration’s string of losses in the courts, threatening that the administration might suspend habeas corpus depending on “whether the courts do the right thing or not.”

“Although this White House has repeatedly cited non-existent national emergencies to justify its illegal and unconstitutional actions, the suspension of habeas corpus would be a direct assault upon one of the founding principles of our Constitution.

“In addition, on Saturday, ICE agents physically accosted three members of Congress who were conducting lawful oversight at a privately-run Newark detention facility. The mayor of Newark was arrested outside the facility, and the Department of Homeland Security (DHS) subsequently announced that it was considering arresting the members of Congress. 

“During the first Trump administration, Congress was forced to pass a law requiring ICE to admit members of Congress for unannounced inspection visits after ICE denied such visits. The members present for Saturday’s visit had waited several hours before armed and masked ICE agents provoked the confrontation with the mayor and arrested him. 

“Of course, these actions come in the wake of other White House attempts to subvert the rule of law and constitutional boundaries, including deporting individuals with no due process and efforts to intimidate courts by, among other things, threatening to impeach judges with whose decisions they disagree and arresting a Wisconsin state judge who challenged ICE’s authority to arrest someone without a judicial warrant.  

“These assaults upon the rule of law – the underpinning of our nation which ensures that all in this country are treated fairly and equally, and that the government is not allowed to act arbitrarily – are part of a growing body of action by the second Trump administration.

“As this administration continues to undertake mass deportations without due process, it is absolutely critical for all Americans to understand that without due process, no one is safe from being falsely accused of being a noncitizen, a criminal, or a threat to national security, and being detained or wrongfully deported to a foreign prison. And in fact, we have seen all three of these scenarios occur already.

“We are at a critical inflection point. Regardless of whether one favors the goals of this administration, the tactics it is using constitute a clear and present danger to the constitutional protections for every American. 

“Congress could put an end to these illegal activities immediately through legislation. This would require some Republicans to put their duty to the Constitution and country over their fear of retaliation by the administration. 

“While Democrats are clear-eyed about the danger presented by this administration’s actions, until a majority of Congress is willing to act, we must rely upon the courts and the community.

“The courts have, by and large, stayed or rejected the White House’s illegal power grabs as they have been challenged in court.

“Americans must continue to reject clear and present dangers to their freedoms as well – at the ballot box, in their outreach to their elected representatives, and in their refusal to stay silent.”

###