Representative Eli Crane (R-AZ) questioned Secretary of Homeland Security Kristi Noem's work securing the border, specifically on suspending the writ of habeas corpus in a recent House Homeland Security hearing.
Habeas corpus (Latin for "that you have the body") is the legal principle where the lawfulness of detaining an individual can be brought before a court.
As Rep. Crane noted during the hearing, Article I, Section 9, Clause 2 of the Constitution says: "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."
Does Texas have a constitutional right to defy Supreme Court on protecting its border?
He further noted that the writ of habeas corpus has only been suspended three times in the United States. However, research says there were four times: The first was by President Abraham Lincoln during the Civil War in 1862-1863 (which Noem referenced), the second in 1871 by President Ulysses S. Grant in South Carolina to combat the Ku Klux Klan, third by President Theodore Roosevelt in 1905 in the Philippines, and most recently by President Franklin Delano Roosevelt (FDR) during World War II in Hawaii (the Arizona Congressman simply said "Roosevelt," but was likely referring to FDR).
Nevertheless, Crane suggested that the border crisis under the Biden Administration could be considered an invasion and thus asked Noem, "Do you think it falls under the constitutional guidelines I just read?"
"I am not a constitutional lawyer, but I believe it does," Noem answered.
From there, Crane further identified "Democrats here today and also radical activist judges are trying to halt and deny the President's agenda to carry out his constitutional duties to keep Americans safe and carry out his promise to the American people to secure the border and carry out mass deportations of those who have entered the country illegally."
"Knowing this, are you open and supportive of this constitutional option to suspend the writ of habeas corpus to keep Americans safe and carry out the President's agenda?" Crane finally asked.
Noem replied, "This is something that is not in my purview to weigh in on. This is the President's prerogative to pursue, and he has not indicated to me that he will or will not."
