Senator Maggie Hassan Challenges DHS Secretary Kristi Noem on Habeas Corpus Definition

During a Senate committee hearing, Homeland Security Secretary Kristi Noem incorrectly defined habeas corpus as a constitutional right allowing the president to remove people from the country, a claim sharply challenged by Senator Maggie Hassan and legal experts. Hassan clarified that habeas corpus is a fundamental legal principle requiring the government to justify the detention of individuals, protecting against indefinite imprisonment without cause and distinguishing free societies from authoritarian regimes. Noem's assertion echoed controversial Trump administration discussions about suspending habeas corpus for migrants, though constitutional and historical precedent indicates only Congress has the authority to suspend it, as seen when President Lincoln sought retroactive congressional approval during the Civil War. Senate Democrats used Noem's testimony to push back firmly against the administration's stance, highlighting the constitutional importance of habeas corpus and questioning the legitimacy of the president unilaterally suspending it. The exchange drew widespread criticism and highlighted concerns about the administration's understanding of constitutional rights amid immigration enforcement debates. Noem ultimately stated she supports habeas corpus but maintained the president has authority to decide on its suspension, a position disputed by constitutional scholars and lawmakers.