US Secretary of Homeland Security Kristie Noem on Tuesday misstated the meaning of “habeas corpus” — the right of a person to challenge their detention in court — during a Senate hearing, claiming instead it was the opposite.
Noem, who oversees Immigration and Customs Enforcement and plays a key role in implementing President Donald Trump’s hardline migration agenda, was questioned by a Senate committee regarding comments made by White House adviser Stephen Miller involving habeas corpus.
Miller on May 9 said the White House was “looking into” suspending habeas corpus, which would prevent migrants targeted for mass deportations to appeal for their right to appear in court.
Maggie Hassan, a Democratic senator from the northeastern state of New Hampshire, asked Noem: “What is habeas corpus?”
“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…” Noem responded, before she was interrupted by Hassan.
“Habeas corpus is the legal principle that requires that the government provide a public reason for detaining and imprisoning people,” Hassan said, correcting Noem.
“If not for that 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,” Hassan continued.
Noem rephrased her response, saying “I support habeas corpus,” but said the president has the right to decide whether it should be suspended.
Nevertheless, Noem said the Trump administration would comply with any court ruling on habeas corpus.
Trump has made deporting undocumented immigrants a key priority for his second term, after successfully campaigning against an alleged “invasion” by criminals.
But his mass deportations have been thwarted or slowed by multiple court challenges, including by the Supreme Court, often on the grounds that individuals targeted for deportations should be given due process.
