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Kristi Noem Misstates Habeas Corpus at Trump Administration's Controversial Immigration Push

Homeland Security Secretary's flawed understanding of constitutional law intensifies scrutiny of administration's consideration to suspend habeas corpus for deportations.

Homeland Security Secretary Kristi Noem, testifies before a Senate Committee on Homeland Security and Governmental Affairs hearing to examine President Donald Trump's proposed budget request for fiscal year 2026 for the Department of Homeland Security on Capitol Hill, Tuesday, May 20, 2025, in Washington. (AP Photo/Manuel Balce Ceneta)

Overview

  • Homeland Security Secretary Kristi Noem incorrectly defined habeas corpus during Senate testimony, claiming it is a presidential power to remove individuals from the country.
  • Senator Maggie Hassan corrected Noem, explaining that habeas corpus protects individuals from arbitrary detention by requiring the government to justify imprisonment in court.
  • The Trump administration, led by Stephen Miller, is exploring the suspension of habeas corpus to expedite deportations, citing an 'invasion' at the U.S.-Mexico border.
  • Legal experts and lawmakers argue that suspending habeas corpus requires Congressional approval and does not apply to immigration under constitutional criteria of rebellion or invasion.
  • A recent poll shows 60% of Americans, including majorities of Democrats and independents, support preserving habeas corpus, highlighting public opposition to its suspension.