Kristi Noem Says Habeas Corpus is the President's Right 'Remove People From This Country'

In a recent Senate hearing, Homeland Security Secretary Kristi Noem defined habeas corpus as a presidential power to deport people, sparking criticism from Democrats.

The Details: Noem stated, “Habeas corpus is a constitutional right the president has to remove people from this country.” In response, Sen. Maggie Hassan (D-NH) corrected Noem, explaining, “Habeas corpus is the legal principle that requires the government to provide a public reason for detaining and imprisoning people,” calling it “the foundational right that separates free societies like America from police states like North Korea.” Two weeks ago, White House deputy chief of staff Stephen Miller said the Trump administration was considering suspending habeas corpus as part of a broader crackdown at the US-Mexico border.

For Context: Habeas corpus, a principle originating from English common law, allows a prisoner to appear before a judge to determine the legality of their imprisonment. The US Constitution states that habeas corpus should not be suspended, except in cases of rebellion or invasion when public safety may require it—Miller argues the country is being invaded by unauthorized immigration. The Constitution does not clarify whether the president or Congress has the authority to suspend habeas corpus, a power that has been used sparingly throughout US history, usually with Congressional authorization.

How The Media Covered It: The Washington Times (Lean Right bias) said Noem “seemed to misunderstand” habeas corpus and "botched" the definition, while some other outlets described her definition as "flubbed" or incorrect. The Associated Press (Left) framed courts as “already skeptical” that the country is facing an “invasion” of unauthorized immigration. 

Revised by the AllSides staff (of humans) after a first draft from our custom AI. Learn more. Support our mission.