Noem says conditions could back suspension of habeas corpus
- Kristi Noem stated on Wednesday that current immigration conditions could justify suspending habeas corpus in the United States.
- This follows the Trump White House's recent consideration of using the border crisis as grounds for such suspension amid President Trump's 'invasion' description of the immigration issue.
- Noem, appearing before lawmakers, said she is not a constitutional lawyer but believes the criteria for suspension have been met, though the president has not indicated any decision.
- The writ of habeas corpus has been suspended only four times in U.S. History, most recently after Pearl Harbor and during the Civil War; some legal scholars argue suspension requires advancing public safety beyond an emergency.
- Noem's remarks suggest possible executive action on habeas corpus suspension, highlighting ongoing debate about legal thresholds and presidential authority in the immigration crisis context.
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Kristi Noem Floats Suspension of Key Constitutional Right, Says Trump Should Make the Call
Homeland Security Secretary Kristi Noem said on Wednesday that she supports looking into suspending one of the most fundamental rights in the Constitution — the right to challenge your detention in court. The right, known as habeas corpus, forces the government to explain why someone is being held. It’s protected in the Constitution and can only be suspended in extreme cases — specifically during “Rebellion or Invasion” when public safety is at …
Noem: Conditions Enable Suspension of Habeas Corpus
Homeland Security Secretary Kristi Noem said Wednesday that 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.
Noem says conditions could back suspension of habeas corpus
Homeland Security Secretary Kristi Noem on Wednesday lent some support to calls to suspend habeas corpus as part of the administration’s immigration crackdown after aide Stephen Miller said the White House was considering the idea. A writ of habeas corpus compels authorities to produce an individual they are holding and to justify their confinement, and the Constitution only allows its suspension in limited circumstances — “in Cases of Rebellion…
Homeland Security chief Kristi Noem: Border ‘invasion’ meets criteria for suspending habeas corpus
Homeland Security Secretary Kristi Noem said Wednesday that the flow of illegal immigrants at the border would qualify as an "invasion" for purposes of suspending habeas corpus rights.
US homeland chief says illegal immigration levels could warrant suspending habeas corpus
U.S. Homeland Security Secretary Kristi Noem said on Wednesday that she believes recent levels of illegal immigration could provide a sufficient legal rationale to suspend habeas corpus, the right of someone in the U.S. to challenge their detention.
Noem lends support for suspension of habeas corpus for illegal migrants in some conditions
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.
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