Homeland Security Secretary Kristi Noem just gave an absolutely incorrect definition of habeas corpus, displaying a deeply alarming lack of knowledge for someone overseeing the Trump administration’s illegal immigration crackdowns.
“Secretary Noem, what is habeas corpus?” Senator Maggie Hassan asked at a hearing on Tuesday.
“Well, habeas corpus is a constitutional right that the president has to be able to remove people from this country—”
“Let me stop you, ma’am. Excuse me, that’s incorrect,” Hassan replied.
“President Lincoln used it—”
“Habeas corpus is the legal principle that requires that the government provide a public reason for detaining and imprisoning people,” Hassan said, explaining an undergraduate-level principle to the acting DHS director.
“If not for that protection, the government could simply arrest people, including American citizens, and hold them indefinitely for no reason,” she continued. “Habeas corpus is the foundational right that separates free societies like America from police states like North Korea. As a senator from the ‘live free or die’ state, this matters a lot to me and my constituents, and to all Americans. So Secretary Noem, do you support the core protection that habeas corpus provides, that the government must provide public reason in order to detain and imprison someone?”
“I support habeas corpus, I also recognize that the president of the United States has the authority under the Constitution to decide if it should be suspended or not—”
“It has never been done without approval of Congress, even Abraham Lincoln got retroactive approval from Congress.”
HASSAN: What is habeas corpus?
— Aaron Rupar (@atrupar) May 20, 2025
NOEM: Habeas corpus is a constitutional right that the president has to be able to remove people from this country
HASSAN: That's incorrect pic.twitter.com/ozRVVfdSoP
Senator Andy Kim gave Noem another chance to display her ignorance.
“I wanted to just go back to something that was raised earlier about habeas corpus,” Kim said. “Can you confirm to us that you understand that any suspension of habeas corpus requires an act of Congress?”
“President Lincoln executed habeas corpus in the past with, um, retroactive action by Congress. I believe that any president that was able to do that in the past, it should be afforded to our current day president. This president has never said he’s going to do this, he’s never communicated to me or his administration that they’re going to consider suspending habeas corpus,” Noem replied. “But I do think the Constitution allows them the right to consider it.”
“How many times has habeas corpus been suspended in our country?” Kim asked.
“Once that I know of.”
“Four times.”
“I’m not certain if that those were—”
“The instance that you’re referring to is one where the courts subsequently showed that Congress is the one that has the ability. Do you know what section of the Constitution the suspension clause of habeas corpus is in?”
“I do not. Nope.”
“Do you know which article it is in?”
“No I do not, sir.”
“Well it is in Article 1. Do you know which branch of government Article 1 outlines the tasks and the responsibilities for?”
“Yes.”
“Which one?”
“Congress,” Noem replied, proving the point Kim and Hassan had been trying to get across.
This is an administration that has no knowledge of the Constitution because it could care less about following it. Stephen Miller himself said earlier this month that they’re trying to suspend habeas corpus because we’re being “invaded.” That couldn’t be further from the truth.
KIM: Can you confirm that you understand that any suspension of habeas corpus requires an act of Congress?
— Aaron Rupar (@atrupar) May 20, 2025
NOEM: President Lincoln executed habeas corpus in the past with a retroactive action of Congress
KIM: Do you know what section of the Constitution the suspension clause… pic.twitter.com/6BEi5qlEHs