A suspension of habeas corpus due to the crackdown on illegal immigrants living in the United States would meet the conditions set out in the Constitution, Homeland Security Secretary Kristi Noem said Wednesday, The Hill reported.
The issue has been controversial since President Donald Trump's deputy chief of staff Stephen Miller said the White House was considering the suspension of habeas corpus as part of the administration's efforts to deport illegal immigrants.
A writ of habeas corpus makes it mandatory for authorities to produce an individual they are holding and to justify their confinement, with the Constitution only permitting its suspension in limited circumstances — "in cases of rebellion or invasion the public safety may require it."
Noem, when asked by Arizona Republican Rep. Eli Crane about whether a suspension would meet those conditions during an appearance before congressmen, answered that "I'm not a constitutional lawyer, but I believe it does."
Crane had said the Biden administration "allowed an invasion into our country."
Noem said it was "not in my purview" to consider such a weighty legal decision but said Trump had not made a decision on the matter.
"This is the president's prerogative to pursue, and he has not indicated to me that he will or will not be taking that action," the Homeland Security secretary said.
Habeas corpus has been a major tool migrants have used to challenge pending deportations by the Trump administration under the Alien Enemies Act, according to The Hill.
Steve Vladeck, a national security law expert at Georgetown University, has stated that the requirement that suspension of habeas corpus would advance public safety is key.
"The whole point is that the default is for judicial review except when there is a specific national security emergency in which judicial review could itself exacerbate the emergency. The emergency itself isn't enough," he wrote.
Brian Freeman ✉
Brian Freeman, a Newsmax writer based in Israel, has more than three decades writing and editing about culture and politics for newspapers, online and television.
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