It’s Article 1, Section 9, Clause 2: “The Privilege of the Writ of Habeas Corpus [i.e. the right of prisoners to challenge their detention via legal proceedings] shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”
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The “Invasion” part is getting lots of attention, because that’s one of the Trump administration’s legal arguments: After Biden turned a blind eye to the border, the U.S. was invaded by millions upon millions of illegal aliens. The exact number is unknown; undocumented activity is impossible to accurately track.
If you don’t catch it, you can’t quantify it.
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But we know the total number of “encounters” with illegal aliens under the Biden administration just through June of 2024 was
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