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Trump Administration Faces Backlash Over Habeas Corpus Suspension Proposal

Homeland Security Secretary Kristi Noem's Senate testimony highlights confusion over constitutional limits as legal and political challenges loom.

Homeland Security Secretary Kristi Noem, testifies before a Senate Committee on Homeland Security and Governmental Affairs hearing to examine President Donald Trump's proposed budget request for fiscal year 2026 for the Department of Homeland Security on Capitol Hill, Tuesday, May 20, 2025, in Washington. (AP Photo/Manuel Balce Ceneta)
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Overview

  • The Trump administration is exploring the suspension of habeas corpus to expedite deportations, a move critics argue undermines constitutional protections.
  • Homeland Security Secretary Kristi Noem faced sharp criticism during a Senate hearing after incorrectly defining habeas corpus, a fundamental legal right to challenge detention.
  • Senators Maggie Hassan and Andy Kim corrected Noem, emphasizing that only Congress can authorize suspending habeas corpus, and only in cases of rebellion or invasion.
  • Legal experts and lawmakers warn that bypassing habeas corpus could lead to indefinite detentions without justification, violating due process principles.
  • The administration's stance has prompted bipartisan skepticism and is expected to face significant legal challenges if pursued further.