Habeas Corpus: A Legal Battleground at the US-Mexico Border

The Trump administration is considering the suspension of habeas corpus to expedite deportations at the US-Mexico border. Homeland Security Secretary Kristi Noem stated its suspension could be justified under current immigration issues. However, legal experts argue this move would face significant constitutional challenges in the courts.


Devdiscourse News Desk | Washington DC | Updated: 21-05-2025 18:50 IST | Created: 21-05-2025 18:50 IST
Habeas Corpus: A Legal Battleground at the US-Mexico Border
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The Trump administration is exploring the controversial use of habeas corpus suspension as part of its efforts to deal with immigration challenges at the US-Mexico border. Habeas corpus, a constitutional right, was highlighted by Homeland Security Secretary Kristi Noem as a possible tool for the administration.

During a congressional hearing, Noem's interpretation of habeas corpus was swiftly corrected by Senator Maggie Hassan, who emphasized its role as a fundamental legal protection against unlawful detention. The Trump administration's stance, presented by Stephen Miller, suggests considering an 'invasion' by migrants as justification.

Legal experts, including professor John Blume, caution that suspending habeas corpus under these pretenses would encounter formidable legal opposition, as the courts remain skeptical of framing immigration issues as an 'invasion' requiring such measures.

(With inputs from agencies.)

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