Sen. Maggie Hassan sparred with Homeland Security Secretary Kristi Noem at a committee hearing Tuesday over Habeas Corpus, which the Trump administration is suspending as it becomes more prominent in the legal wars over President Donald Trump’s immigration agenda. So, what does this mean moving forward?
Kristi Noem Clash With Hassan Over Habeas Corpus
Hassan asked Noem during the hearing, “What is habeas corpus?” Noem responded, “Well, habeas corpus is a constitutional right that the president has to be able to remove people from this country, to suspend their right to – “Hasaan interjected, “Let me stop you, ma’am. Habeas corpus, excuse me, that’s incorrect.”
In contrast to how Kristi Noem stated it, habeas corpus requires the United States government to justify the legality of someone’s detention before a court. In other words, the government has to bring a person they are detaining before a court and justify the legality of their detention.
Per the United States Courts, “A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner’s continued confinement. Federal judges receive petitions for a writ of habeas corpus from state prison inmates who say their state prosecutions violated federally protected rights in some way.”
In a response to Noem’s statements, DHS Assistant Secretary Tricia McLaughlin said, “Secretary Noem was right: Presidents have suspended habeas corpus in practice–Lincoln, Grant, FDR, and Bush–all during moments of crisis.” Technically, Congress holds that power under the Constitution, but in reality, presidents have acted first, and legal authority followed. The precedent is real.”
The writ is a fundamental protection against unlawful imprisonment enshrined in Article I, Section 9, Clause 2 of the United States Constitution. Habeas corpus has been a tool for migrants to fight against the administration’s aggressive immigration crackdown. In response to Noem’s answer, Hasaan emphasized the purpose of habeas corpus to Noem during the Senate hearing.
She said, “If not for the protection, the government could simply arrest people, including American citizens, and hold them indefinitely for no reason. Habeas corpus is the foundational right that separates free societies like America from police states like North Korea.” Noem also said she has not spoken with White House Deputy Chief of Staff Stephen Miller about suspending habeas corpus.
The New Hampshire Democrat asked the Homeland Security Secretary if she supports habeas corpus during the hearing. Kristi Noem responded, “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.” Her comments are close to those of White House deputy chief of staff Stephen Miller, who suggested the president may look to suspend habeas corpus to execute mass deportations without bringing those detained for court hearings.
Final Thoughts
The Constitution says, “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.” Kristi Noem even suggested that the current immigration issues could warrant a suspension of habeas corpus. Suppose the current administration decides to unilaterally revoke the writ by declaring an “invasion’ at the Southern Border. In that case, the move is all but certain to inevitably spark dozens of lawsuits and backlash from many.
The restrictions were explained in Article 1 of the Constitution, but the specific phrasing does not explicitly tie the suspension to the power of Congress. In other news, Trump called for an investigation into former Vice President Kamala Harris’ celebrity endorsements during her 2024 presidential campaign. Noem even pitched a reality show of pitting immigrants against each other for citizenship.
