Homeland Security Secretary Kristi Noem on Wednesday said the suspension of habeas corpus could be justified amid the administration’s ongoing immigration enforcement, echoing Trump aide Stephen Miller’s suggestion that it’s under serious consideration.
Asked by Rep. Eli Crane (R-AZ) whether the U.S. is experiencing an “invasion” — the constitutional threshold for suspending habeas corpus — Noem replied, “I’m not a constitutional lawyer, but I believe it does.” She added that the decision rests solely with President Trump and that he hasn’t made one yet.
Habeas corpus guarantees individuals the right to challenge detention. It has recently been used by migrants facing removal under Trump’s use of the Alien Enemies Act, as well as by students detained under the immigration crackdown.
Legal experts caution that such a move would be unprecedented and likely unconstitutional. Georgetown law professor Steve Vladeck wrote, “The near-universal consensus is that only Congress can suspend habeas corpus — not the president.”
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