Of course he can. And he must, as the chief law enforcement magistrate, by defending the authority of the Constitution. He has legally identified them as illegals who never pursued due process of legal immigration, and he has identified them as a threat to the public safety, and as members of a proven, rebellious, lawless, invading, predatory criminal enterprise.
CONSTITUTION Article I Section 9 Clause 2
Habeas Corpus
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.
Against Utah Valley University for negligence and wrongful acts.
https://static.foxnews.com/foxnews.com/content/uploads/2026/09/2026-09-09_Notice_of_Claim_Final.pdf