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Omar Warns Trump Aims to Provoke Enough Agitation in Minnesota So He Can Declare 'Martial Law'
(www.commondreams.org)
this post was submitted on 12 Jan 2026
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Its not automatic with martial law, but has been granted along with martial law imposition at times in US history: suspension of the writ of habeas corpus
"The right to challenge one’s detention before a judge, known as the writ of habeas corpus, is a principle of the legal system that serves as a safeguard against unlawful imprisonment. It requires the government to provide a valid reason for holding a person in custody, preventing arbitrary detention."
source
In other words, today you can be locked up, but the Constitution requires you have rights to go before a judge and challenge your incarceration, and the judge can choose to set you free.
With the suspension you can still get locked up, but now they can just let you rot without any legal recourse to get you out.
Shame we already lost that one. Few, if any, of the people getting picked up by ICE are ending up in front of a judge, including the US citizens.