Homeland Security Director Kristi Noem, under sharp questioning from Democratic senators during a Tuesday hearing, incorrectly described habeas corpus as a presidential authority to deport individuals.
Noem was on Capitol Hill to testify before the Senate Homeland Security and Governmental Affairs Committee on the Department of Homeland Security's budget for fiscal year 2026. She was asked by Sen. Maggie Hassan, D-N.H., to define "habeas corpus."
The secretary responded: "Habeas corpus is a constitutional right that the president has to be able to remove people from this country."
In reality, habeas corpus is a bedrock constitutional legal principle that safeguards individuals from unlawful imprisonment by enabling them to petition the court to review the legality of their detention.
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