“It’s the right to remove people”: Noem whiffs when Congress asks her to define habeas corpus

At her confirmation hearing before the Homeland Security and Governmental Affairs Committee, South Dakota Governor Kristi Noem, who is nominated by President-elect Donald Trump for Secretary of the Department of Homeland Security, discussed the concept of habeas corpus. This right allows prisoners to challenge the legality of their detention through court petitions. However, Noem mistakenly described it as a presidential authority to deport individuals. Senator Maggie Hassan corrected her, explaining that habeas corpus actually ensures the government provides a reason for detaining people, preventing arbitrary arrests. Noem incorrectly referenced President Abraham Lincoln’s suspension of habeas corpus during the Civil War, arguing that the president has the power to decide on its suspension. Despite attempts by the Trump administration to justify deportations using an “invasion” narrative, legal experts and courts have raised concerns about due process and the protection of detainees’ rights.