By Molly Claire Goddard
2:38am PDT, May 22, 2025
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Kristi Noem has some interesting takes on habeas corpus.
During a Tuesday, May 20, Senate Homeland Security and Governmental Affairs Committee hearing, the member of
Donald Trump's administration was questioned on the definition of the term and floated the idea of her boss doing away with the vital process.
Keep reading to learn what Noem said about Trump possibly getting rid of the important legal principle…MORE:
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During the meeting in Washington, D.C., Democratic Senator from New Hampshire Maggie Hassan directly asked Kristi Noem, "What is habeas corpus?"
"Habeas corpus is a constitutional right that the president has to be able to remove people from this country," Donald Trump's Homeland Security Secretary wrongfully stated.
"Excuse me, that's incorrect," the left-wing politician pointed out before telling Noem, "Habeas corpus is the legal principle that requires, requires that the government provide a public reason for detaining and imprisoning people. If not for that protection, the government could simply arrest people, including American citizens and hold them indefinitely for no reason. Habeas corpus is the foundational right that separates free societies like America from police states like North Korea. As a senator from the 'Live Free or Die' state, this matters a lot to me and my constituents and to all Americans."
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Senator Maggie Hassan pressed Kristi Noem on whether or not she supported the idea of the process of habeas corpus for the safety of the American people.
"Secretary Noem, do you support the core protection that habeas corpus provides that the government must provide a public reason in order to detain and imprison someone?" the left-wing representative questioned.
"I support habeas corpus," Donald Trump's staffer said. "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."
Hassan interjected, "It has never been done. It has never been done without approval of Congress. Even Abraham Lincoln got retroactive approval from Congress."
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The topic of habeas corpus has come up after White House Deputy Chief of Staff
Stephen Miller claimed Donald Trump was "actively evaluating" if he could do away with the constitutional protection as they continue to
deport illegal immigrants.
"The Constitution is clear and that, of course, is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended at a time of invasion. So, I would say that's an action we're actively looking at," the administration member claimed during a meeting with the press at the White House earlier this month. "A lot of it depends on whether the courts do the right thing or not."
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Donald Trump expressed his frustration with America's protections and due process for its citizens as he tries to ship illegal
immigrants out of the United States by any means necessary.
"I was elected to get them the h*** out of here and the courts are holding me from doing it," the leader explained during an interview with NBC News about the legal limits.
