Sen. John Barrasso, R-Wyo., dodged multiple questions on Sunday about whether he would support suspending habeas corpus for undocumented immigrants in the country, ultimately saying he did not think the issue would come before Congress.
His comments during an interview on NBC News’ “Meet the Press” came after top White House adviser Stephen Miller told reporters on Friday that the administration was examining ways to end the due process protection for undocumented immigrants.
The writ of habeas corpus allows people to legally challenge their detentions. The Constitution allows the privilege to be suspended “in cases of rebellion or invasion” when “the public safety may require it.”
“The president has said he will follow the law,” Barrasso told moderator Kristen Welker when asked whether he would vote to suspend habeas corpus if the issue is brought before Congress.
“The president says if he disagrees with the law, that he will appeal those things,” Barrasso continued. “The president was elected and he won everyone in the battleground states on promising to secure the border and bring safety back to our communities.”
Asked again whether he would vote to suspend habeas corpus, Barrasso repeated that Trump “said he is going to follow the law.” When asked a third time for a yes-or-no answer, Barrasso said, “I don’t believe this is going to come to Congress.”
Miller told reporters Friday that the administration was “actively looking at” suspending habeas corpus, noting the Constitution says that the privilege can be suspended during an invasion.
“The Constitution is clear, and that, of course, is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended at a time of invasion. So I would say that’s an action we’re actively looking at,” Miller said.
During an interview on CBS News' "Face the Nation," Rep. Michael McCaul, R-Texas, pointed to President Abraham Lincoln suspending habeas corpus during the civil war and predicted that the courts would decide whether the White House could take similar steps.
"It's a very extreme measure to take," McCaul said. "Any person in the United States under the Constitution has due process rights, so I think the courts are going to decide this one, as to whether this invasion, in fact, constitutes what would be a state of war. Some would say it would."
The White House did not respond to NBC News’ request for further comment on Sunday about the details of what was under consideration. The administration has painted undocumented immigrants coming to the U.S. as an invasion, arguing that Venezuela’s Tren de Aragua gang was invading the U.S. as part of the administration’s justification for invoking the controversial Alien Enemies Act.
Separately, Barrasso was asked about his position on Trump’s push to raise taxes on top earners, as congressional Republicans are currently working to assemble a package to advance the administration’s domestic policy priorities.
NBC News previously reported that the president was considering allowing the tax rate on people making $2.5 million or more each year to increase to 39.6% in order to protect Medicaid and advance other administration goals. The tax rate for these earners currently sits at 37% after the first Trump administration’s 2017 tax law.
“I’m a conservative, and I don’t want to increase taxes on anybody,” Barrasso said when asked whether he would support increasing taxes on the highest earners.
Asked two more times whether he would rule out increasing taxes on the highest earners, Barrasso reiterated that he opposed raising anyone’s taxes.
“I’m against raising taxes on anyone. We’re working the bill through the process. It’s going through the House. We’re ironing out the details right now,” he said. “We’re going to get a bill passed and signed by the president that’s going to put more money in people’s pockets and give them the certainty the taxes aren’t going to go up.”
