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Kristi Noem, the Department of Homeland Security secretary, surprised members of a Senate hearing by appearing not to understand what a fundamental right that the White House is threatening to suspend actually means.
Sitting before the Senate Committee on Homeland Security and Governmental Affairs, Noem repeated a recent claim made by Stephen Miller, a Trump administration official, that they are “looking at” suspending habeas corpus in order to deport undocumented immigrants.
Habeas corpus allows people to challenge the legality of their detainment, and has been a right in the United States since 1789.
But when asked by Senator Maggie Hassan to define it, Noem claimed it is “a constitutional right that the president has to be able to remove people from this country.”
Hassan interrupted Noem, declaring, “That’s incorrect.”
Habeas corpus is a constitutional right awarded to all people in the United States, including immigrants, to challenge their detention by the government. When invoked, the government must provide a reason for the detainment.
Earlier this month, Miller told reporters the president had the authority to suspend habeas corpus under a rarely-used exception: “in cases of rebellion or invasion.”
When asked if she supports habeas corpus on Tuesday, Noem affirmed she does, but echoed Miller’s claim.
“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 said.
Hassan interrupted Noem again to assert that it had “never been done.”
To suspend habeas corpus, the administration would need to prove the country was under the threat of rebellion or being invaded. There have been very few occasions in history when habeas corpus has been suspended, and not without intense debate.
Noem recalled that former president Abraham Lincoln suspended it nationwide during the Civil War; however, Congress later passed a statute permitting it, which Hassan mentioned.
The Trump administration has sought multiple avenues to expedite the removal of undocumented immigrants, even bypassing typical due process. The president did this by invoking the Alien Enemies Act, declaring an invasion by the Venezuelan gang Tren de Aragua, in order to remove alleged gang members quickly.
However, multiple judges have blocked removals under the act. The Supreme Court has permitted the administration to move forward with deportations but reaffirmed that they are still are entitled to submit habeas corpus petitions.
English (US) ·