Noem lends support for suspension of habeas corpus for illegal migrants in some conditions

Homeland Security Secretary Kristi Noem on Wednesday appeared to support the suspension of due process and habeas corpus in certain situations, and indicated that the current immigration issues could warrant the suspension. 

A writ of habeas corpus forces authorities to justify a person's confinement, and has been a big part of illegal migrants' responses to looming deportations under the 1798 Alien Enemies Act. A president does have the power to suspend the writ, but can only do so for public safety purposes during times of open rebellion or invasion.

The Trump White House last week said it was considering using the border crisis as justification to suspend habeas corpus. President Donald Trump has at times used the term "invasion" to describe the immigration crisis at the border.

Noem told lawmakers on Capitol Hill that the president has not addressed the topic with her so far, but agreed that the current requirements to suspend the writ had been met. 

“I’m not a constitutional lawyer, but I believe it does,” she told Arizona GOP Rep. Eli Crane. “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."

She also mentioned that it was "not in my purview" to make the legal decision.

Some legal scholars have argued that the suspension can only be used if it advances public safety, but that an emergency by itself is not reason enough to use the power, according to The Hill. 

The writ has only been suspended four times in American history, with the most recent case being in Hawaii after the Japanese attack on Pearl Harbor in World War II. It was also suspended during the Civil War.

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.