Suspending Habeas Corpus: A New Frontier in U.S. Immigration Policy?

U.S. Homeland Security Secretary Kristi Noem has raised eyebrows by suggesting that the recent surge in illegal immigration could provide legal grounds for suspending habeas corpus. During a U.S. House hearing, she indicated that current levels of border crossings under the Biden administration may qualify as an 'invasion,' potentially justifying the suspension of this fundamental right.

Noem, while not a constitutional lawyer, believes that the situation meets the U.S. Constitution's criteria for such a drastic measure. Former President Donald Trump had previously intensified immigration enforcement, labeling illegal crossings as an 'invasion.' His administration, spearheaded by Stephen Miller, is exploring the suspension of habeas corpus to expedite deportations.

However, the move is controversial. Legal scholars remain divided on Trump's authority to suspend habeas corpus over immigration issues, while critics warn of constitutional infringements. Despite the Trump administration's aggressive stance, border arrest numbers dropped significantly under his tenure, contrasting his narrative of an immigration crisis.

(With inputs from agencies.)