DHS Secretary Claims Immigration Levels Could Warrant Suspending Habeas Corpus: 'I'm Not a Constitutional Lawyer, But...'

Homeland Security Secretary Kristi Noem said that the levels of unlawful immigration could potentially justify suspending habeas corpus, a constitutional right that allows individuals to challenge their detention before a court if they deem it unlawful.

Noem made the remarks during a U.S. House committee hearing on immigration enforcement, where she was asked whether border crossings constituted an "invasion" under the Constitution.

"I'm not a constitutional lawyer, but I believe it does," Noem responded to Rep. Eli Crane (R-Ariz.), who claimed that the Biden administration had "allowed an invasion into our country." Noem added that any decision to suspend habeas corpus would fall on President Trump. "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 said.

The debate over habeas corpus comes amid a broader effort by the Trump administration to accelerate deportations and frame illegal immigration as a national security emergency. In March, Trump invoked the Alien Enemies Act, an 18th-century statute, to justify deporting alleged Venezuelan gang members to El Salvador. However, the Supreme Court ruled in April that deportees must be given time to file habeas corpus claims before removal.

Stephen Miller, Trump's deputy chief of staff and a key architect of his immigration policies, has been a vocal proponent of exploring the suspension of habeas corpus. Speaking to reporters at The White House last week, Miller said:

"The Constitution, which is the supreme law of the land, is clear. It says that the privilege of the writ of habeas corpus can be suspended in a time of invasion. So it's an option we're actually looking at"

Miller added that "a lot of it depends on whether the courts do the right thing or not," and criticized recent judicial rulings as a "judicial coup," citing cases in which courts blocked the termination of Temporary Protected Status for Venezuelans. He claimed courts had overstepped their authority by intervening in executive decisions explicitly shielded from judicial review.