Overview

• During a Senate Homeland Security hearing, DHS Secretary Kristi Noem incorrectly defined habeas corpus as a presidential power to remove individuals from the country.
• Senator Maggie Hassan promptly corrected Noem, clarifying that habeas corpus ensures the government provides public justification for detaining individuals.
• Noem's misstatement has intensified criticism of the administration's exploration of habeas corpus suspension to accelerate migrant deportations.
• The administration's proposed use of the Constitution's 'invasion' clause to justify suspending habeas corpus has faced bipartisan opposition and repeated court challenges.
• Legal experts and lawmakers emphasize that the Suspension Clause requires congressional authorization, underscoring concerns about executive overreach.