Kristi Noem's 'Habeas Corpus' Response to Senators Raises Eyebrows
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources.
Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content.
Senators grilled Secretary of Homeland Security Kristi Noem Tuesday on her understanding of habeas corpus, and her answers prompted criticism that she was not fully acquainted with a right outlined in the U.S. Constitution.
During a budget hearing at the Senate Committee on Homeland Security, Democratic New Hampshire Senator Margaret Hassan asked Noem what habeas corpus was.
"Habeas corpus is a constitutional right that the president has to be able to remove people from this country," Noem responded.
Hassan replied: "Excuse me, that's incorrect."
Habeas corpus is the right to challenge unlawful detention.
Newsweek reached out to the Department of Homeland Security for comment via email on Tuesday afternoon.
"While Secretary Noem displayed an alarming naiveté regarding the history and meaning of habeas corpus, known as the Great Writ, the NACDL remains clear-eyed on how this fundamental right serves as an indispensable shield against arbitrary detention and unchecked state power," National Association of Criminal Defense Lawyers (NACDL) President Christopher A. Wellborn told Newsweek in a statement.
Why It Matters
The writ of habeas corpus has been at the center of a debate around the deportation of alleged illegal immigrants, with the Trump administration accused of bypassing the right to speed up some removals. President Donald Trump's senior policy advisor, Stephen Miller, said earlier this month that the administration was looking to suspend the right.
US Secretary of Homeland Security Kristi Noem testifies before a Senate Committee on Homeland Security and Governmental Affairs on May 20, 2025.
US Secretary of Homeland Security Kristi Noem testifies before a Senate Committee on Homeland Security and Governmental Affairs on May 20, 2025.
ALEX WROBLEWSKI/AFP via Getty Images
What To Know
Hassan was forced to correct Noem, prompting a reaction on social media. Some were concerned that the Homeland Security secretary would not know the definition of an article that has been the focus of immigration policy debate in recent months.
"This is extraordinary. The Secretary of Homeland Security doesn't know what the right of habeas corpus is (the ancient right to go to court to challenge government detention) and offers an incoherent definition which suggests she thinks it's a presidential power to deport people?" Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, posted on X, formerly Twitter.
Others said the secretary's answer was embarrassing and a sign of wider issues within the administration, which is trying to deliver on the promise of mass deportations of illegal immigrants.
Later in the hearing, Democratic New Jersey Senator Andy Kim returned to the issue, asking Noem to confirm that she understood that any suspension of the writ had to be authorized by Congress, not the president.
Noem replied with the example of President Abraham Lincoln, who was given retroactive permission by lawmakers. Hassan had provided that example minutes earlier.
"I believe any president that was able to do that I the past, it should be afforded to our current day president," Noem said. "This president has never said he is going to do this. He has never communicated to me or his administration that they are going to consider suspending habeas corpus, but I do think the Constitution allows them the right to consider it."
Kim then asked how many times habeas corpus had been suspended. Noem said once, but it had been suspended four times. She also could not answer where in the Constitution the writ was outlined.
What People Are Saying
NACDL president Christopher A. Wellborn, in his statement to Newsweek: "This incident, another example from high-ranking members of this administration, underscores the need to communicate to the public that those in power sometimes lack even the most fundamental understanding of our Constitution's basic tenets. Our commitment to defending liberty must remain unwavering, especially when such foundational principles are so blatantly misunderstood."
Pod Save America host Jon Favreau, resharing the video of Noem on X: "A fully cooked propaganda brain."
Immigration attorney Lindsay Toczylowski, who has worked on cases challenging the Alien Enemies Act, on X: "This response would be embarrassing if given by a student in a first year law school class. It is horrific that this response comes from someone with multiple active lawsuits against her Department involving the right of habeas corpus and their unlawful detention practices."
First Amendment attorney Alex Morey, sharing screenshots of a Reuters article from May 14, on X: "Noem knows the definition of habeas corpus. See e.g. this from just last week. Impressively quick jump to making a false statement to Congress."
What Happens Next
Habeas corpus remains in effect, and various cases challenging the potential bypassing of this process are pending in the courts.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
38 minutes ago
- Yahoo
Senator Martin Heinrich calls for Torrance County ICE detention facility to be closed
Jun. 9—New Mexico's senior senator is calling for a New Mexico-based Immigration and Customs Enforcement detention facility to be closed, after his congressional staff observed troubling conditions during a visit in late May. "For years, detainees have been denied adequate access to legal services and medical care while being subjected to inhumane living conditions and continued instances of physical abuse," Sen. Martin Heinrich, D-N.M., wrote to Acting ICE Director Todd Lyons in a letter Thursday. The Torrance County Detention Facility is owned and operated by CoreCivic in Estancia. Heinrich has repeatedly pushed for CoreCivic's contract to be terminated, including in a December 2023 letter during the Biden administration. "CoreCivic is committed to providing safe, humane and appropriate care for the people in our facilities," CoreCivic spokesman Brian Todd said in a statement, pointing to the facility's overall "good" ratings in its 2024 and 2025 ICE Office of Detention Oversight audits. As the Trump administration has been trying to increase deportations, members of Congress have been attempting to conduct oversight of ICE detention centers around the country. When New Jersey Congresswoman LaMonica McIver and other Democratic officials tried to do an oversight visit to a Newark ICE center in May, she was charged with two counts of assault after a confrontation with officers trying to arrest the Newark mayor. On May 28, Heinrich's staff members were allowed to tour one housing unit at the Torrance County facility, but were denied access to two other housing units, after they heard at least 10 detainees file complaints of abuse, and lack of access to laundry and medical services. According to Todd, detainees have daily access to sign up for medical and mental health services, there are clinics staffed with licensed health professionals and medical personnel on site at all hours. "The agent claimed that a revised ICE visitation protocol prohibited congressional staff from visiting housing units with detainees present," the letter reads. "However, the document the agent cited made no mention of limiting congressional staff visitation to empty pods, and it in fact cited to a statutory authority explicitly forbidding ICE from denying congressional staff conducting oversight access." Congressional staff members found backed-up sinks, a drain in the middle of a common area backed up with sewage water, and non-functioning tablet devices — devices that people detained by ICE use to access legal services, according to Heinrich's letter. The conditions match those described by detainees and advocates, the letter says. Maintenance staff respond quickly to plumbing issues, Todd said in a statement, and the common area drain was backed up with water after debris collected in shower drains, not with sewage. CoreCivic is committed to providing detainees with access to counsel and courts, Todd said, although he did not respond to a question about the broken tablets. TCDF Warden George Dedos confirmed that the detention facility had no water from Estancia for three days, the letter says, and was unable to answer questions about the capacity of the facilities' two back-up water tanks or describe the contingency plan for when there is another water outage, "short of the total relocation of all the detainees." "He told my staff during their visit that the water shortage had not impacted their operations, but that runs contrary to what detainees said during that same visit," Heinrich wrote. His staff were told by detainees that "water was only turned on for one hour every three days for showers, they were provided only two bottles of drinking water per day, and they were unable to flush toilets for days at a time." CoreCivic was notified on April 29 that Estancia was having a water supply issue and tried to reduce its water consumption. Drinking water and bottled water were available, Todd said, and water was provided to help flush toilets "as an added measure to reduce water consumption." The laundry services and showers were placed on a schedule, but "those services were still available to all of those in our care," according to Todd. ICE did not respond to a request for comment.
Yahoo
38 minutes ago
- Yahoo
Immigration raids confirmed in Orange County, congressman says ICE is ‘inciting fear'
U.S. Immigration and Customs Enforcement (ICE) raids took place in Orange County on Monday, officials confirmed. 'We are aware of ongoing immigration enforcement activity in the Santa Ana Civic Center area,' announced the Santa Ana Unified School District in an X post Monday evening. 'We do not condone actions that disrupt our community or separate families.' The Santa Ana Police Department and city officials also issued a joint statement on Instagram, acknowledging the ICE activity and stating that they are aware the news causes 'fear and uncertainty' for community members. L.A. Protests: Live Updates A spokesperson for the police department told KTLA that they were made aware of the ICE activity in their city because of 'social media posts.' SAPD, similar to most other police departments in Southern California, has reinstated its policy of not participating in immigration enforcement efforts. Although federal or law enforcement officials have not revealed the specifics of the ICE raids, Rep. Lou Correa (D-Orange County) said he received reports that individuals in his district were being arrested for 'doing nothing but standing outside and being profiled.' Upon landing in Washington, D.C. on Monday, Rep. Correa issued a statement about the raids, saying, 'It's unacceptable, and shocking, that this is happening in my hometown of Santa Ana.' 'It appears agents are picking up hard-working, law-abiding taxpayers. Why?' read Rep. Correa's press release, which also shared that the congressman would be immediately returning to O.C. 'Yesterday, everything was good and boring in Santa Ana. Everyone was going to church and going to the grocery store—it was a beautiful day. Today ICE is coming in to raid and disrupt our neighborhood? These are the parents whose children went to school with my kids. They take care of our elderly, mow our lawns, and are a part of the fourth largest economy in the world. This is inciting fear in our community,' continued the release. Rep. Correa also urged those who resist 'unjust, illegal activity' to do so peacefully, referring to the lessons taught by Gandhi and Martin Luther King Jr. Glendale terminates 'divisive' detainee holding contract with ICE 'You don't take on a tank or an M16 by walking into it—you do it in a smart, legal, and safe way. Our future depends on a strategic, effective response. One that protects our kids, their future, and their rights.' The congressman concluded his statement by asking the federal government to use restraint and 'common sense' to adhere to the Constitution and provide everyone with due process. In a Monday evening press conference with Los Angeles Mayor Karen Bass, she shared these values, saying, 'Stop the raids, and give the power back to our Governor.' SAUSD offered resources to the community, advising individuals to contact their local school or visit if they or someone they know needs support or information. 'We stand with our community – today and always.' The city of Santa Ana also provided resources, saying, 'If you or someone you know has questions or concerns, contact your local Congressional office and visit the City's Know Your Rights webpage at for resources and information.' Rep. Correa also encouraged anyone with questions about their legal rights to reach out to his office. For more resource information, click here. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
38 minutes ago
- Yahoo
Saying 'I do' in New Mexico will now cost twice as much as marriage license fee increases
Formalizing a marriage these days is often not the difficult part; walk in and the paperwork is there waiting for you. But in New Mexico, it's about to become more than twice as expensive. For the first time in decades, the cost of a marriage license in New Mexico will increase, jumping from $25 to $55, effective June 20, following the passage of bipartisan legislation during the 2025 legislative session updating the fee structure. While the price is more than doubling, New Mexico's fee remains lower than in Texas or Arizona, where the cost can exceed $80. Some states charge as much as $115. According to a news release from the Santa Fe County Clerk's Office, the fee change supports long-term recordkeeping, child welfare programs and local services across the state. Santa Fe County is one of New Mexico's most popular wedding destinations. 'Most people only think about their marriage license once — on their wedding day,' Santa Fe County Clerk Katharine Clark said in a statement. 'But it's a legal document that can be needed decades later to access benefits, prove identity or navigate end-of-life paperwork. We want to ensure your record will be securely stored, easy to find, and legally valid when you need it." Senate Bill 290, signed by Democratic Gov. Michelle Lujan Grisham this year, was sponsored by Sen. Linda Trujillo, D-Santa Fe. It increases marriage license fees and changes how they are distributed. The changes will result in increased funds for counties, according to a Legislative Finance Committee fiscal impact report for the bill. With the updated fee, the fund is expected to gain an estimated $32,500 annually to expand prevention programs and family support services statewide. Beginning June 20, according to the County Clerk's Office, the $55 marriage license fee will be distributed as follows: * $20 to county clerk's offices * $20 to the Children's Trust Fund, which supports community-based programs to prevent child abuse and neglect * $15 to the county general fund The Children's Trust Fund, administered by the Children, Youth and Families Department, previously relied mostly on specialty license plate revenue, the release from the clerk's office said. The higher fees could give pennywise couples an excuse to hold off on the nuptials; however, the Legislative Finance Committee analysis noted even with New Mexico's comparatively low license fees, the state's marriage rate has been skidding for the last decade. "In 2022, New Mexico had the lowest marriage rate in the country at 4.2 per 1,000 people," the report said. "Nevada, Utah, and Colorado were among the highest at 25.9, 9.9, and 7.5 per 1,000, respectively."
