During a Senate hearing about the Department of Homeland Security's budget for 2026, Director Kristi Noem mistakenly defined habeas corpus as a presidential power to deport individuals. Senator Maggie Hassan corrected Noem, emphasizing the importance of habeas corpus as a protection against unlawful detention. Noem later acknowledged the core protection of habeas corpus but also suggested that the President has the authority to suspend it. This misunderstanding raises concerns about the administration's potential actions regarding due process for undocumented migrants, especially in the context of ongoing discussions about the Alien Enemies Act.
Habeas corpus is a constitutional right that the president has to be able to remove people from this country.
Habeas corpus is the foundational right that separates free societies like America from police states like North Korea.
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.
The Constitution is clear, and that, of course, is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended at a time of invasion.
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