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Kristi Noem appears not to know what ‘habeas corpus’ means

May 20, 2025

Kristi Noem doesn’t know what “habeas corpus” means — but she wants President Trump to be able to suspend it.

The Homeland Security Department secretary flubbed a simple question about the bedrock constitutional concept at a Senate hearing Tuesday, claiming the legal principle means a “president has to be able to remove people from this country.”

In reality, habeas requires the government to give a reason for the detention of any person, as Sen. Maggie Hassan (D-N.H.) noted in response to Noem

“Habeas corpus is the legal principle that requires that the government provide a public reason for detaining and imprisoning people,” Hassan said. “If not for that protection, the government could simply arrest people, including American citizens, and hold them indefinitely for no reason.”

Homeland Security Secretary Kristi Noem speaks during a hearing with the Senate Committee on Homeland Security and Governmental Affairs on Capitol Hill on May 20, 2025 in Washington, DC. (Anna Moneymaker/Getty Images)

The Trump administration has threatened to seek to suspend habeas corpus to give law enforcement more of a free hand to carry out the president’s threats to deport millions of undocumented immigrants.

Noem backed that plan.

“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,” Noem told the Homeland Security and Governmental Affairs Committee

Homeland Security Secretary Kristi Noem speaks during a hearing with the Senate Committee on Homeland Security and Governmental Affairs on Capitol Hill on May 20, 2025 in Washington, DC. (Anna Moneymaker/Getty Images)

Stephen Miller, the hard-line Trump aide, has floated the novel theory that illegal immigration amounts to a hostile invasion and therefore the nation is at war, potentially permitting habeas corpus and other rights to be suspended.

Legal analysts warn that such a move would deprive Americans citizens, not just undocumented immigrants, of their rights.

Habeas corpus has been suspended only four times in American history, all during actual wars and with congressional approval. Even when President Abraham Lincoln suspended the right at the start of the Civil War, courts required him to obtain the consent of Congress.

https://www.nydailynews.com/2025/05/20/kristi-noem-habeas-corpus-meaning/

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