Homeland Security Secretary Noem Misdefines Habeas Corpus in Senate Hearing

Secretary of Homeland Security Kristi Noem faced widespread criticism after incorrectly defining habeas corpus during a Senate hearing, claiming it is a presidential right to remove people from the country rather than a fundamental protection against unlawful detention. Senator Maggie Hassan corrected Noem, emphasizing that habeas corpus requires the government to provide a public reason for detaining individuals and is essential to prevent indefinite, arbitrary arrests. Noem's remarks come amid discussions within the Trump administration about potentially suspending habeas corpus to expedite deportations, a move previously suggested by senior advisor Stephen Miller. Legal experts and advocacy groups expressed concern over Noem's misunderstanding, noting that habeas corpus is a cornerstone of American civil liberties. The Constitution allows its suspension only in cases of rebellion or invasion, and historically, it has rarely been invoked, most notably by Abraham Lincoln during the Civil War. The incident ignited debate over the administration's approach to immigration enforcement and respect for constitutional rights.