https://apnews.com/article/noem-homeland-security-habeas-corpus-trump-338604206f40fed32c2790608d3e5da6

Homeland Security Secretary Kristi Noem says the constitutional provision that allows people to legally challenge their detention by the government is actually a tool the Trump administration can use in its broader crackdown at the U.S.-Mexico border. She called habeas corpus “a constitutional right that the president has to be able to remove people from this country and suspend their rights.”

Noem, testifying before a congressional committee Tuesday, gave that response when asked by Sen. Maggie Hassan to define the legal concept.

“That’s incorrect,” the New Hampshire Democrat swiftly interrupted Noem, defining the “legal principle that requires that the government provide a public reason for detaining and imprisoning people.” Hassan, a former attorney who practiced in Boston, went on to call habeas corpus “the foundational right that separates free societies like America from police states like North Korea.”

The back and forth follows comments by White House deputy chief of staff Stephen Miller, who said earlier this month that President Donald Trump is looking for ways to expand his administration’s legal power to deport migrants who are in the United States illegally. To achieve that, Miller said the administration is “actively looking at” suspending habeas corpus.

What is habeas corpus?

The Latin term means, literally, “you have the body.” Federal courts use a writ of habeas corpus to bring a prisoner before a neutral judge to determine if imprisonment is legal.

Habeas corpus was included in the Constitution as an import from English common law. Parliament enacted the Habeas Corpus Act of 1679, which was meant to ensure that the king released prisoners when the law did not justify confining them.

>>1407325 (OP)
The Constitution’s Suspension Clause, the second clause of Section 9 of Article I, states that habeas corpus “shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it.”

Has it been suspended previously?

Yes. The United States has suspended habeas corpus under four distinct circumstances during its history. Those usually involved authorization from Congress, something that would be nearly impossible today — even at Trump’s urging — given the narrow Republican majorities in the House and Senate.

President Abraham Lincoln suspended habeas corpus multiple times during the Civil War, beginning in 1861 to detain suspected spies and Confederate sympathizers. He ignored a ruling from Roger Taney, the Supreme Court ‘s chief justice. Congress then authorized suspending it in 1863, which allowed Lincoln to do so again.

Congress acted similarly under President Ulysses S. Grant, suspending habeas corpus in parts of South Carolina under the Civil Rights Act of 1871. Also known as the Ku Klux Klan Act, it was meant to counter violence and intimidation by groups that opposed Reconstruction in the South.

Habeas corpus was suspended in two provinces of the Philippines in 1905, when it was a U.S. territory and authorities were worried about the threat of an insurrection, and in Hawaii after the 1941 bombing of Pearl Harbor but before it became a state in 1959.

Writing before becoming a Supreme Court justice, Amy Coney Barrett co-authored a piece stating that the Suspension Clause “does not specify which branch of government has the authority to suspend the privilege of the writ, but most agree that only Congress can do it.”

What has the Trump administration said about suspending it?

Miller has said the administration is considering trying.

>>1407326
“The Constitution is clear, and that of course is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended in a time of invasion,” he told reporters outside the White House on May 9.

“So, I would say that’s an option we’re actively looking at,” Miller said. “Look, a lot of it depends on whether the courts do the right thing or not.”

Asked by Hassan on Tuesday if she supported the provision, Noem said she did, adding that “the president of the United States has the authority under the Constitution to decide if it should be suspended or not.”

Hassan, who responded by saying that even Lincoln had obtained “retroactive approval” from Congress, then asked Noem if she would follow a court order overturning a theoretical suspension of habeas corpus, or if she would follow Trump’s decision.

Noem said she was “following all court orders ... as is the president,” prompting Hassan to say “that is obviously not true for anybody who reads the news.”

John Blume, a professor at Cornell Law School, said Noem’s response to Hassan was either evidence that she “fundamentally misunderstands habeas corpus” or “was giving an answer she knew was wrong to appease the president.”

Should the administration argue that the constitutional provision should be suspended due to what Trump officials have characterized as an “invasion” by migrants, Blume said he felt such a position would be “very unlikely to fly” with the U.S. Supreme Court.

Could the Trump administration do it?

It can try. Miller suggested that the U.S. is facing an “invasion” of migrants. That term was used deliberately, though any effort to suspend habeas corpus would spark legal challenges questioning whether the country was in fact facing an invasion, let alone one that presented extraordinary threats to public safety.

>>1407327
Federal judges have so far been skeptical of the Trump administration’s past efforts to use extraordinary powers to make deportations easier, and that could make suspending habeas corpus even tougher.

Trump argued in March that the United States was facing an “invasion” of Venezuelan gang members and evoked the Alien Enemies Act of 1798, a wartime authority he has tried to use to speed up mass deportations. His administration acted to swiftly deport alleged members of Tren de Aragua to a notorious prison in El Salvador, leading to a series of legal fights.

Federal courts around the country, including in New York, Colorado, Texas and Pennsylvania, have since blocked the administration’s uses of the Alien Enemies Act for many reasons, including by raising questions about whether the country is truly facing an invasion.

If courts are already skeptical, how could habeas corpus be suspended?

Miller, who has been fiercely critical of judges ruling against the administration, advanced the argument that the judicial branch may not get to decide.

“Congress passed a body of law known as the Immigration Nationality Act which stripped Article III courts, that’s the judicial branch, of jurisdiction over immigration cases,” he said earlier this month.

That statute was approved by Congress in 1952 and there were important amendments in 1996 and 2005. Legal scholars note that it does contain language that could funnel certain cases to immigration courts, which are overseen by the executive branch.

Still, most appeals in those cases would largely be handled by the judicial branch, and they could run into the same issues as Trump’s attempts to use the Alien Enemies Act.

The U.S. system of government is divided into three branches: executive (the president), legislative (Congress) and judicial (the courts).

>>1407328
Have other administrations tried this?

Technically not since Pearl Harbor, though habeas corpus has been at the center of some major legal challenges more recently than that.

Republican President George W. Bush did not move to suspend habeas corpus after the Sept. 11 attacks, but his administration subsequently sent detainees to Guantanamo Bay, Cuba, drawing lawsuits from advocates who argued the administration was violating it and other legal constitutional protections.

In 2008, the Supreme Court ruled that Guantanamo detainees had a constitutional right to habeas corpus, allowing them to challenge their detention before a judge. That led to some detainees being released.

-END OF STORY-

>>1407325 (OP)
>“That’s incorrect,” the New Hampshire Democrat swiftly interrupted Noem, defining the “legal principle that requires that the government provide a public reason for detaining and imprisoning people.”
It's usable during times of invasion, and POTUS is the sole authority that determines what constitutes an invasion.
Also, Lincoln used it during the Civil War to great effect.
If dems are going to argue that 20m+ migrants being brought into the interior during Biden's admin doesn't qualify as an invasion, they're unserious people at best, traitors at worst.

>>1407325 (OP)
>She called habeas corpus “a constitutional right that the president has to be able to remove people from this country and suspend their rights.”
Republicans are fine with their representatives being dumb as shit, because they're also dumb as shit.

>>1407325 (OP)
Blah blah blah fucking blah! Non-citizens - ESPECIALLY illegal immigrants - do not have the same due process requirements as actual US citizens. Cry harder about all those would-be dem voters getting tossed out after you tried so hard to flood the nation with them.

>>1407333
t. Stephen Miller

>>1407331
>POTUS is the sole authority that determines what constitutes an invasion.
Where do you people get this shit from?

>>1407331
Thought the definition of "invasion" required the intent by a political body, i.e. another country.

>>1407337
What else do you call it when 11 million people enter your country without permission?

>>1407336
Martin v. Mott (1827)

When ice Barbie stood in front of those El Salvadorian prisoners in a tight t-shirt showing her midriff, she became my psychopathic hero. Shooting her dog in the head and owning it with my first step toward adoration.

>>1407333
>Blah blah blah fucking blah! Non-citizens - ESPECIALLY illegal immigrants - do not have the same due process requirements as actual US citizens
Including the right to prove they are actual US citizens, amirite? What could possibly go wrong?

Bitch, habeas corpus applies to everyone and for good god damn reason.

>>1407339
>What else do you call it when 11 million people enter your country without permission?
Immigration? Fuck's sake we didn't even have immigration laws until around 1900. The idea that the founders would have considered people coming here "without permission" an invasion is nonsensical. Fucking permission? What the fuck are you talking about? You just move.

>>1407347
>Including the right to prove they are actual US citizens, amirite?
Can you name one natural born citizen Trump tossed out? And before you start, no that daughter of two illegal parents doesn't count because she had the option to stay in the US and the parents selfishly took her with them out of the country hoping they could use her as their meal ticket to get back in.

>>1407348
>The idea that the founders would have considered people coming here "without permission" an invasion is nonsensical.
https://founders.archives.gov/documents/Hamilton/01-25-02-0282
>The safety of a republic depends essentially on the energy of a common National sentiment; on a uniformity of principles and habits; on the exemption of the citizens from foreign bias, and prejudice; and on that love of country which will almost invariably be found to be closely connected with birth, education and family.
>The influx of foreigners must, therefore, tend to produce a heterogeneous compound; to change and corrupt the national spirit; to complicate and confound public opinion; to introduce foreign propensities. In the composition of society, the harmony of the ingredients is all important, and whatever tends to a discordant intermixture must have an injurious tendency.

>>1407340
Sterling v. Constantin (1932) proves you wrong

>>1407349
>Can you name one natural born citizen Trump tossed out?
IDK, Trump's tossed a lot of people into El Salvador and refuses to provide a full list.

>>1407349
>that daughter of two illegal parents doesn't count
Yes it does count. Trump doesn't have the power to decide that.

>>1407349
https://www.washingtonpost.com/immigration/2025/05/02/citizens-caught-trump-immigration-crackdown/
>Over a dozen U.S. citizens have been swept up in the Trump administration’s crackdown on immigration, according to interviews, court records and news reports.

>>1407352
>IDK, Trump's tossed a lot of people into El Salvador and refuses to provide a full list.
So no, you can't name anyone.
>in before we need a trial to find out
>despite the fact we already knew people like Abrego Garcia were illegal before we booted his ass

>>1407353
>Yes it does count.
No it doesn't faggot. She had the option to stay because she was born in this country. Her parents do not because they came here illegally. Maybe you should blame them for putting their kid in such a fucked up predicament instead of always hating Trump for making tough calls like this - which would have happened in the first place if democrats like you didn't exist.

>>1407354
Paywalled. Give me their names and I'll look them up right now. I'm busy playing Rimworld and don't have time to waste getting around it.

>>1407355
*which wouldn't have happened

>>1407355
>So no, you can't name anyone.
Without a trial or a proper list you can't prove none of them were US citizens, which is EXACTLY THE FUCKING PROBLEM. You can't just disappear people like this and expect "well it'll only happen to da bad ones". This admin has already been caught deporting people who came here legally without proof, or hell even allegations, of them committing a crime. If you don't think this'll eventually wind up with a citizen being deported, even accidentally, you're delusional. Due process exists for a very good fucking reason.

>>1407355
>which would have happened in the first place if democrats like you didn't exist.
Seeing chatgpt fling out unintended truths like this for the shills is pretty fucking funny

>>1407357
>Without a trial or a proper list you can't prove none of them were US citizens, which is EXACTLY THE FUCKING PROBLEM.
Which is funny because we didn't have a trial for Garcia and yet knew this cocksucker entered illegally when he was 16 years old. You don't NEED a trial to figure out if someone is here illegally or not.
>This admin has already been caught deporting people who came here legally without proof,
Oh no, here we go again about the fucking work visas getting revoked because dumb leftists do dumb leftist shit like promoting terrorism and that's not fair! Wah wah!

> If you don't think this'll eventually wind up with a citizen being deported,
So it hasn't happened yet. Great, thank you for sparing me the wait on those names from your paywalled bullshit article. Now fuck off and don't reply until you have an actual, native-born, US citizen that's being deported. I don't give a fuck about these non-citizens you're trying to smuggle in.

>>1407359
you're literally not american and also retarded

>>1407355
Three children, including a cancer patient — Louisiana
Jose Hermosillo — Arizona
Juan Carlos Lopez-Gomez — Florida
A 10-year-old girl and her siblings — Texas
Julio Noriega — Illinois
Jensy Machado — Virginia

>>1407350
I don't see a counterpoint there, so I have to assume you an idiot.

>>1407349
>Can you name one natural born citizen Trump tossed out?
Why the fuck should I put more evidence into my argument that the state should have to prove they're following the law and securing people's rights than you think the state should have to to deport people?

Is making a case important or something? I've seen some shitty self-defeating arguments before but this one takes the cake. Die mad.

Also don't think I didn't see that
>natural born
shit, fascist. I see you've gone from arguing immigrants don't have rights to arguing naturalized citizens don't have rights either.

>>1407359
>You don't NEED a trial to figure out if someone is here illegally or not.
You need a trial to make it a legal fact the government can act on. Due process exists no matter how much you hate America.

Otherwise nothing is stopping the government from "figuring out" citizens are here illegally.

>>1407361
>Jose Hermosillo
>held for 10 days and released.
>not deported
I'm not even going to waste my fucking time with the other ones. You people are so unbelievably fucking retarded. I guess it's my fault for not using CAPSLOCK enough so let me try again:

SHOW ME A US BORN NATURAL CITIZEN THAT WAS DEPORTED OUT OF THE COUNTRY.

>Why the fuck should I put more evidence into my argument
So again you can't show a natural born citizen getting kicked out. Thank you for wasting my precious time.

>>1407365
>held for 10 days
Someone should hold you for 10 days.

>>1407365
The idea that a citizen wasn't exiled so their rights weren't violated and also nobody has to worry about the government fucking up further if given the opportunity is so laughable at face value that I can only assume you have a public humiliation fetish by posting like this.

Can't you satisfy your kink somewhere else? Nobody here consented to helping you get off.

>>1407366
Cry harder faggot because your goalpost moving didn't work.

>>1407367
>The idea that a citizen wasn't exiled so their rights weren't violated
Again, moving the goalposts. I know it sucks that you can't find a single example of a natural born US citizen being deported under Trump, but try to have some dignity in your defeat.

>>1407366
i think he's this way because his mother never held him

>>1407365
The headline ITT is about you

>>1407368
I do not consent.

>>1407367
You kinda deserve all you're getting for talking with that compulsively lying shill
You gotta understand they're going through fent withdrawals until they get more neetbux next week and the pay from spamming over the weekend comes in

1407368
>try to have some dignity in your defeat.
we learned it by watching you faggot, we learned it by watching you

>>1407368
You were given 10 examples and you ignored them like you always do.

>>1407373
Ten examples of natural born US citizens that were deported under Trump? What were their names again?

>>1407374
first give us one example of you not being a faggot

>>1407373
You're not being fair. You have to weigh your facts and reasonable arguments equally against hir mental retardation and lies.
You're discarding their opinions for what shouldn't not be invalid reasons.

>>1407376
>>1407375
>>1407371
>>1407370
>>1407369
>ITT faggots upset because they can't find a single example
kek

>>1407377
you know anon, positive attention feels a lot better than constant ridicule. maybe you should try not being a despicable person one of these days, you might find it enjoyable

>>1407378
>QQ y u so mean to the nice illegals??? =(

>>1407378
He derailed another thread and then declared victory so his mission is accomplished.

>>1407368
Just to clear some shit up, the original goalpost was "habeas corpus is a right everyone in America, not just citizens, enjoys in no small part because without it American citizens would get dicked over".

*You* moved the goalposts to deporting natural born citizens, an issue within an issue within an issue. If you want to bitch about goalpost moving let's examine the original issue.

Are American citizens ever mistaken for non-citizens when detained or arrested? Yes. Okay, you lose. Literally fuck all else matters. To secure the rights of Americans everyone in America must have a right to due process.

It doesn't matter if they weren't thrown out of the country. It doesn't matter that somebody realized the fuck up eventually. Literally all that matters is that American citizens were taken into custody under the premise they were non-citizens.

And this is setting aside cases where they KNEW they were treating American citizens as non-citizens illegally and still did it anyway, like with Juan Carlos Lopez-Gomez, which make you look like even more of a fuckwit.

>>1407379
if you'd prefer to die alone with an unattended funeral, that's your prerogative

>>1407363
>I don't see a counterpoint there
The framers were very picky about who they let into the country, as indicated by the letters they wrote.
The population of the US in 1802 was estimated to be around 5.7 million. So yes, they would've considered 20m people let into the interior over four years to be an invasion. And they probably would've killed you for arguing otherwise.

>>1407381
>Just to clear some shit up, the original goalpost was "habeas corpus is a right everyone in America, not just citizens,
And I said, let me quote myself, "Non-citizens - ESPECIALLY illegal immigrants - do not have the same due process requirements as actual US citizens." Which is true.

Then you faggots chimed in with:
>Including the right to prove they are actual US citizens, amirite? What could possibly go wrong?

So here I am still waiting on a SINGLE example of a US citizen that got kicked out because "waaaah we didn't give all illegals a trial waaaaah how else will we know if they're illegal waaaaaaah!"

Once again - Christ almighty I am tired of repeating myself to you subhumans - you do not need a trial to determine immigration status.

>Are American citizens ever mistaken for non-citizens when detained or arrested? Yes. Okay, you lose.
Did I say no Americans have ever been mistakenly arrested? No? Okay, you lose faggot. This goalpost moving bullshit didn't work then, why the fuck do you think it would work 15 more times?

>It doesn't matter if they weren't thrown out of the country.
It does because you can't show a single fucking example - which goes right back to the point earlier of
>Including the right to prove they are actual US citizens, amirite? What could possibly go wrong?

> like with Juan Carlos Lopez-Gomez
Did he get deported?

the resident shill truly is a broken record

>>1407381
Just stop responding to the retard, He's been given examples and he told everyone flat out he was not going to bother looking at them. He's farming (You)s and isn't interested in a discussion about the op story.

>>1407351
It doesn't contradict anything. The powers of POTUS far exceed the powers of a governor, and Trump has a *duty*, not merely the option, to defend the United States against foreign invaders at all costs.

>>1407387
Cool headcanon, gramps

>>1407386
>He's been given examples
I have literally not been given a single example - not one - of a natural born US citizen that was deported under Trump.

Because they don't exist. Cry more.

>>1407388
Uh oh deportation melty
Papiere bitte, jose

it's funny how he larps as a white person though

>>1407391
careful, they're probably a crack shot with that airsoft gun
YOULL GET YOUR EYE SHOT OUT KID

>>1407389
>>1407390
read the last line of the op story retard
if al qaeda terroists get habeas corpus then migrants do too, and it isn't up to the president to decide

>>1407393
>migrants
Illegal immigrants. Get it right.

Still waiting on just one example by the way. The only possible answer is the one I gave you faggots earlier of the daughter born of two illegals who had the option to stay but was forced to leave thanks to their parents... really shows how much those "people" value the lives of their own children btw.

>>1407394
you're not white or american

>>1407395
Not him but I think it's actually Stephen Miller himself shitposting here on his lunch break. No one else would be this confidently wrong about the right of Presidents to declare random groups of people invaders.

>>1407396
>No one else would be this confidently wrong
From the room full of faggots that are confidently wrong about Trump deporting US citizens? lol

It must suck knowing your plan to give these illegals a pathway to citizenship, and secure millions of future votes for the democrat party, is being thrown away by Orange Man.

>still trying to regurgitate Fox News Trump apologist talking points after getting so thoroughly BTFO

>>1407398
>after getting so thoroughly BTFO
>still waiting on one example of a US citizen getting deported
LMAO

>>1407399
we've moved on from the part where we give your circular logic credence, and we're at the part where we make fun of you for being a faggot until you make a new shit thread

>>1407383
>The framers were very picky about who they let into the country, as indicated by the letters they wrote.
>Letters are laws
Lmao

>>1407384
>So here I am still waiting on a SINGLE example of a US citizen that got kicked out
Cool goalpost move. Nobody cares.

>>1407401
>no I'm not the goalpost mover, you are!
lol okay fag.

>>1407402
>literally the first person to bring up deporting natural born US citizens
>insists this is the only metric by which your right to habeas corpus can be violated
Yes.

>>1407419
>Blah blah blah fucking blah! Non-citizens - ESPECIALLY illegal immigrants - do not have the same due process requirements as actual US citizens. Cry harder about all those would-be dem voters getting tossed out after you tried so hard to flood the nation with them.

>>1407419
She's still trying to claim without proof that migrants aren't entitled to due process.
She'll never have any proof of that claim because its not true and she's a fucking liar.

>>1407427
>migrants
Do illegal immigrants have the same due process rights as US citizens? Yes or no.

>>1407421
Would you like some cheese with that whine?

>>1407435
>illegal immigrants
People legally using the US Asylum system aren't illegal immigrants, despite how much you whine and complain about it

>>1407325 (OP)
Lumpy Trumpies BTFO has

>>1407437
>People legally using the US Asylum system
Could you perhaps be referring to individuals who illegally entered the country or illegally overstayed a visa, which have since been caught and filled for asylum to prevent immediate deportation?

Or are you referring to individuals whom have had asylum claims granted and hold a legal green card and are considered permanent residents?

>>1407446
>individuals who illegally entered the country or illegally overstayed a visa, which have since been caught and filled for asylum to prevent immediate deportation?
Yeah you can still legally file for asylum that way, no matter how much you bitch and moan about it.

>>1407435
Yes actually because both the constitution and the founding fathers made it clear due process is an inherent right of any individual in the US, legal or not.

>>1407446
I hear Republicunts control all three branches of the government.
Maybe they can pass a bill to overhaul that and finally get rid of those 'illegals'
But first they need to give away a bunch of money to their rich overlords, so they're passing that bill first.
Don't worry, they'll pass the immigration bill soon. Maybe next decade.

>>1407325 (OP)
The sheer fucking incompetency of this admin should be disqualifying, even to republicans
>Head of department of health has no idea about what grants his own organization is cancelling, has no knowledge in the field he leads, and openly says no one should be taking medical advice from him despite, you know, BEING THE HEAD OF THE DEPARTMENT OF HEALTH
>Head of the FBI is frequently uninformed and out of the loop of anything other than major incidents
>Homeland Security head has core tenants of US law and constitution not just wrong, but completely fucking backwards

>>1407331
Only congress can decree that an invasion requires suspending the Great Writ. It's a check on the presidency to prevent them from becoming a king or dictator.

>>1407446
>Could you perhaps be referring to individuals who illegally entered the country or illegally overstayed a visa, which have since been caught and filled for asylum to prevent immediate deportation?
Yes.
>Or are you referring to individuals whom have had asylum claims granted and hold a legal green card and are considered permanent residents?
Legal permanent residents definitionally aren't seeking asylum. They're permanent residents. They don't need asylum. Who the fuck do you think our asylum system is for?

Dumbfucks like you don't have the first idea about how our system works, do you?

>>1407455
>Dumbfucks like you don't have the first idea about how our system works, do you?
Is this the first time you're reading this schizos posts?