Homeland Security Secretary Kristi Noem testified Tuesday that President Trump has constitutional authority to suspend habeas corpus as part of a crackdown on illegal immigration. During a Senate hearing, Noem claimed habeas corpus is a tool the president can use to deport migrants — a claim immediately rebuked by Sen. Maggie Hassan (D-N.H.), who called the statement “flatly incorrect.”
Habeas corpus, a constitutional protection ensuring detainees can challenge their imprisonment, has only been suspended in rare, extreme circumstances — typically with congressional approval. Noem’s remarks follow White House adviser Stephen Miller‘s recent claim that the administration is “actively looking at” suspending it due to a supposed migrant “invasion.”
Legal experts were stunned. “She either doesn’t understand the Constitution or is willfully misrepresenting it,” said Cornell Law professor John Blume.
The courts have already blocked Trump’s attempt to use the Alien Enemies Act to deport migrants. A similar legal fight would likely follow any attempt to suspend habeas corpus.
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