US homeland security chief says border ‘invasion’ could justify suspension of habeas corpus

WASHINGTON

US Homeland Security Secretary Kristi Noem said Wednesday that the flow of illegal immigrants at the border could justify the suspension of habeas corpus, which would remove an individual's right to challenge their detention in court.

"I'm not a constitutional lawyer, but I believe it does," Noem told a House Homeland Security Committee hearing when asked whether such conditions would qualify as an “invasion” for purposes of suspending habeas corpus rights.

"This is something that's not in my purview to weigh in on. This is the president's prerogative, and he has not indicated that they will or will not be taking action," she added.

Her remarks came after senior White House adviser Stephen Miller told reporters last Friday that the Trump administration is "actively looking at" the option of suspending habeas corpus as part of the administration’s immigration crackdown.

Noem was also challenged by Democrats on Kilmar Abrego Garcia, a Salvadoran national who was mistakenly deported from Maryland to a mega prison in El Salvador, and two American children who were recently deported by the Trump administration.

"We have utilized due process as it’s laid out in the tools Congress has given us," Noem said.

She reiterated that the children’s mothers chose to take the children with them.

"We do not deport US citizens and have not deported US citizens," she added.