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Politics|Noem Incorrectly Defines Habeas Corpus as the President’s Right to Deport People
https://www.nytimes.com/2025/05/20/us/politics/kristi-noem-habeas-corpus-deportations.html
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The right allows people to legally challenge their detentions by the government and is guaranteed in the Constitution.
Published May 20, 2025Updated May 21, 2025, 1:41 a.m. ET
Kristi Noem, the homeland security secretary, bungled answers on Tuesday about habeas corpus, incorrectly asserting that the legal right of people to challenge their detention by the government was actually the president’s “constitutional right” to deport people.
As the Trump administration works to carry out its promised mass deportations, efforts that largely fall under Ms. Noem’s jurisdiction, officials have floated the idea of suspending habeas corpus for immigrants being expelled from the country.
At a Senate hearing, Senator Maggie Hassan, Democrat of New Hampshire, asked Ms. Noem about the issue. “Secretary Noem,” she asked, “what is habeas corpus?”
“Well,” Ms. Noem said, “habeas corpus is a constitutional right that the president has to be able to remove people from this country and suspend their right to—”
“No,” Ms. Hassan interjected. “Let me stop you, ma’am. Excuse me, that’s incorrect.”
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transcript
transcript
Senator Corrects Noem’s Habeas Corpus Definition
During a Senate hearing, Kristi Noem, the homeland security secretary, falsely described habeas corpus as the president’s “constitutional right” to deport people.
So, Secretary 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, suspend their rights. Let me. Let me stop you, ma’am. Habeas corpus. Excuse me. That’s incorrect. Habeas corpus. Excuse me. Habeas corpus is the legal principle that requires that the government provide a public reason for detaining and imprisoning people. So, Secretary Noem, do you support the core protection that habeas corpus provides. Yeah, 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, let us be clear. It has never been done. It has never been done without approval of Congress. Even Abraham Lincoln got retroactive approval from Congress.
Ms. Noem’s answer, which echoed the Trump administration’s expansive view of presidential power, flipped the legal right on its head, turning a constitutional shield against unlawful detention into broad presidential authority.
English (US)