Overview

• Homeland Security Secretary Kristi Noem incorrectly defined habeas corpus as a presidential power to deport individuals, contradicting its established meaning as a right to challenge detention in court.
• Senator Maggie Hassan corrected Noem, emphasizing that the suspension of habeas corpus requires congressional approval, not unilateral executive action.
• Legal experts and scholars reaffirmed that the suspension clause in Article I of the Constitution grants this authority solely to Congress, not the president.
• Noem admitted during the hearing that she could not identify where the suspension clause appears in the Constitution or how many times habeas corpus has been suspended in U.S. history.
• The administration continues to face legal and bipartisan opposition to its exploration of suspending habeas corpus to expedite mass deportations, with experts warning such a move would undermine due process protections.