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.
“I believe it does,” Ms. Noem told members of Congress during a hearing where she detailed the president’s border successes and his plans for the future.
Habeas rights are at the center of the current deportation debate. Illegal immigrants have rushed to federal courts to challenge looming deportations under habeas corpus, which roughly translates to “produce the body” and stands for the principle that someone cannot be detained unjustly.
Senior White House adviser Stephen Miller said last week that the president is pondering whether to suspend habeas rights to speed deportations.
Ms. Noem said that decision is outside of her purview.
“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.
Habeas challenges are currently blocking President Trump from carrying out deportations of people he deems terrorism suspects under the Alien Enemies Act.
Mr. Trump has declared the border situation an invasion, which he used to justify invoking the AEA.
Immigration groups have challenged that designation, saying the flow of migrants isn’t an invasion, and besides has been largely solved by Mr. Trump’s stiff new policies.
