By — Erica R. Hendry Erica R. Hendry Leave your feedback Share Copy URL https://www.pbs.org/newshour/politics/watch-noem-fumbles-definition-of-habeas-corpus Email Facebook Twitter LinkedIn Pinterest Tumblr Share on Facebook Share on Twitter WATCH: Noem fumbles definition of habeas corpus Politics May 20, 2025 4:33 PM EDT Homeland Security Secretary Kristi Noem stumbled Tuesday when asked to define habeas corpus, the constitutionally protected right to unlawful detention. Watch in our video player above. During testimony before the Senate homeland security committee, Noem defined habeas corpus as “a constitutional right that the president has to be able to remove people from this country.” “No, let me stop you, ma’am … That’s incorrect,” Sen. Maggie Hassan, D-N.H., interjected. READ MORE: What is habeas corpus, and what has the Trump administration said about suspending it? Hassan had asked Noem to define habeas corpus following reports that the White House was considering suspending this right. “Habeas corpus is the legal principle that 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,” Hassan said. “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.” Hassan asked Noem whether she supports the protection habeas corpus provides. WATCH: Top Trump adviser suggests White House could suspend habeas corpus to deport migrants “I support habeas corpus. I also recognize that the president of the United States has the authority under the constitution to decide whether it should be suspended or not,” Noem said. Hassan said that habeas corpus has never been suspended without approval from Congress; President Abraham Lincoln received retroactive approval, she noted. “If the president tries to suspend habeas corpus and a federal court reverses the president’s order, will you comply with the court order and uphold habeas corpus or will you follow the president’s directive?” Hassan asked. “We are following all federal court orders,” Noem said. Support PBS News Hour Your donation makes a difference in these uncertain times. Give now By — Erica R. Hendry Erica R. Hendry Erica R. Hendry is the managing editor for digital at PBS NewsHour. @ericarhendry
Homeland Security Secretary Kristi Noem stumbled Tuesday when asked to define habeas corpus, the constitutionally protected right to unlawful detention. Watch in our video player above. During testimony before the Senate homeland security committee, Noem defined habeas corpus as “a constitutional right that the president has to be able to remove people from this country.” “No, let me stop you, ma’am … That’s incorrect,” Sen. Maggie Hassan, D-N.H., interjected. READ MORE: What is habeas corpus, and what has the Trump administration said about suspending it? Hassan had asked Noem to define habeas corpus following reports that the White House was considering suspending this right. “Habeas corpus is the legal principle that 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,” Hassan said. “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.” Hassan asked Noem whether she supports the protection habeas corpus provides. WATCH: Top Trump adviser suggests White House could suspend habeas corpus to deport migrants “I support habeas corpus. I also recognize that the president of the United States has the authority under the constitution to decide whether it should be suspended or not,” Noem said. Hassan said that habeas corpus has never been suspended without approval from Congress; President Abraham Lincoln received retroactive approval, she noted. “If the president tries to suspend habeas corpus and a federal court reverses the president’s order, will you comply with the court order and uphold habeas corpus or will you follow the president’s directive?” Hassan asked. “We are following all federal court orders,” Noem said. Support PBS News Hour Your donation makes a difference in these uncertain times. Give now