After a series of high-profile setbacks in federal court, the Trump administration is threatening to escalate its immigration crackdown by unilaterally suspending habeas corpus, a foundational right in the US that allows people in government custody to challenge the legality of their detention.

The future of habeas corpus has been pushed into the spotlight as President Donald Trump has been involved in discussions inside his administration over potentially taking the extreme step of suspending the procedure.

U.S. Homeland Security Secretary Kristi Noem said on Wednesday that she believes recent levels of illegal immigration could provide a sufficient legal rationale to suspend habeas corpus, the right of someone in the U.