Homeland Security Secretary Misstates Habeas Corpus at Senate Hearing

During a Senate Homeland Security and Governmental Affairs Committee hearing, Homeland Security Secretary Kristi Noem incorrectly described habeas corpus as a constitutional right that allows the president to remove people from the country and suspend their rights. Senator Maggie Hassan promptly corrected Noem, explaining that habeas corpus is a fundamental legal principle requiring the government to justify detaining individuals and is essential to distinguishing free societies from authoritarian regimes. This exchange occurred amid discussions about the Trump administration's efforts to expand legal powers to deport undocumented migrants, including considerations of suspending habeas corpus. Habeas corpus, rooted in English common law and enshrined in the U.S. Constitution's Suspension Clause, protects individuals from unlawful imprisonment by allowing courts to review the legality of detention, and can only be suspended in cases of rebellion or invasion when public safety demands it. White House deputy chief of staff Stephen Miller acknowledged the administration's interest in suspending habeas corpus or invoking laws like the Alien Enemies Act to bypass due process protections. Legal experts and lawmakers emphasize the constitutional safeguards habeas corpus provides, warning against its misuse as a tool for broad immigration enforcement.