Habeas Corpus is Latin for "you shall have the body" and is used to bring a prisoner or other detainee before a court to determine if their imprisonment or detention is legal. The right is enshrined in Article I, Section 9 of the U.S. Constitution, which outlines the powers of Congress, not the president.

The Trump administration is considering whether it can suspend the right of an individual to challenge their detention in court.

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."