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Homeland Security Secretary Kristi Noem sparked controversy at a Senate hearing Tuesday after mischaracterizing the constitutional principle of habeas corpus as a presidential power to deport individuals from the U.S., drawing a swift correction from multiple lawmakers.
During questioning by Sen. Maggie Hassan (D-N.H.), Noem said,
“Habeas corpus is a constitutional right that the president has to be able to remove people from this country.”
Hassan quickly interrupted, calling the statement “incorrect” and clarifying that habeas corpus is a fundamental right allowing individuals to challenge their arrest or imprisonment.
“If not for that protection, the government could simply arrest people, including American citizens, and hold them indefinitely for no reason,” Hassan said.
Noem later affirmed her support for habeas corpus but stated that “the president… has the authority under the Constitution to decide if it should be suspended or not,” prompting further scrutiny from lawmakers.
Sen. Andy Kim (D-N.J.) pressed Noem further, asking if she knew which article of the Constitution grants suspension powers. Noem replied,
“No, I do not, sir.”
Kim then explained that the Suspension Clause resides in Article One, which defines the powers of Congress, not the executive.
“Can you confirm to us that you understand that any suspension of habeas corpus requires an act of Congress?” Kim asked.
Noem acknowledged the historical precedent of President Abraham Lincoln’s Civil War-era suspension of the writ, though Kim noted that courts had ruled against Lincoln, and that all subsequent suspensions required congressional approval.
Noem denied having spoken with Trump or White House adviser Stephen Miller about a potential suspension, though she said the Constitution “allows them the right to consider it.”
The exchange follows recent comments by Miller, who told reporters the administration was “actively looking at” suspending habeas corpus to accelerate deportations. President Trump has also repeatedly criticized due process protections, especially when they hinder immigration enforcement efforts.
Legal scholars and civil liberties groups have expressed alarm over the apparent confusion among senior officials regarding one of the most bedrock legal protections in the U.S. Constitution.
