Homeland Security Secretary Kristi Noem was grilled by U.S. Senators about habeas corpus — and the potential suspension of it — during her hearing today on Capitol Hill, and one of her answers swiftly went viral, amassing over a million views shortly after it was posted.
With White House Deputy Chief of Staff Stephen Miller sparking talk last week about President Trump potentially suspending the writ of habeas corpus for migrants the administration wants to deport, Sen. Maggie Hassan (D-NH) and others wanted clarification about the Trump team’s respect for the right as described in Article One of the U.S. Constitution.
Hassan asked Noem: “What is habeas corpus?”
HASSAN: What is habeas corpus?
NOEM: Habeas corpus is a constitutional right that the president has to be able to remove people from this country
HASSAN: That’s incorrect pic.twitter.com/ozRVVfdSoP
— Aaron Rupar (@atrupar) May 20, 2025
The DHS Secretary replied: “Habeas corpus is a constitutional right that the president has to be able to remove people from this country.”
Hassan interrupted with a short lecture on habeas corpus, telling Noem: “Let me stop you ma’am. Excuse me. That’s incorrect…Habeas corpus is the legal principle that requires that the government provide a public reason for detaining and imprisoning people.”
Hassan continued: “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.”
Following up, Hassan asked Noem if she supports habeas corpus.
Noem replied: “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.”
Hassan then asserted that the suspension of habeas corpus has “never been done without approval from Congress,” saying “even Abraham Lincoln got retroactive approval from Congress.”
Sen. Andy Kim (D-NJ) addressed Lincoln’s suspension of the writ as he questioned Noem, who acknowledged Lincoln’s retroactive congressional approval.
KIM: Can you confirm that you understand that any suspension of habeas corpus requires an act of Congress?
NOEM: President Lincoln executed habeas corpus in the past with a retroactive action of Congress
KIM: Do you know what section of the Constitution the suspension clause… pic.twitter.com/6BEi5qlEHs
— Aaron Rupar (@atrupar) May 20, 2025
Kim asked whether Noem could name the section or article of the Constitution that held the suspension clause of habeas corpus. Noem replied that she did not. Informing her that it is in Article One, the Senator asked if she knew which branch of government “Article one outlines the tasks and responsibilities for?”
Noem replied that she did, saying Article One outlined the tasks and responsibilities of Congress.