Overview

• Homeland Security Secretary Kristi Noem incorrectly defined habeas corpus during a Senate hearing, calling it a presidential power to deport individuals, prompting immediate corrections from lawmakers.
• Sen. Maggie Hassan clarified that habeas corpus ensures the government must justify detentions in court, emphasizing its role as a safeguard against arbitrary imprisonment.
• Legal experts and lawmakers reaffirmed that only Congress, not the president, has the authority to suspend habeas corpus under Article I of the Constitution.
• The Trump administration, led by Stephen Miller, has suggested suspending habeas corpus to accelerate deportations, citing an 'invasion' at the southern border, a claim widely disputed by legal scholars.
• No formal suspension order has been issued, but advocacy groups and courts are prepared to challenge any executive action attempting to bypass constitutional protections.