Misinterpretation of Habeas Corpus
Homeland Security Secretary inaccurately defined habeas corpus during a Senate hearing, suggesting it as a presidential power to deport individuals, which promptly corrected.
Habeas corpus, a fundamental right allowing individuals to challenge their detention, was misrepresented by Noem, raising concerns about her understanding of constitutional protections amid discussions of mass deportations.
Constitutional Clarifications and Responses
Senators, including Hassan and , emphasized that suspending habeas corpus requires congressional approval, countering Noem's references to historical precedents set by .
Legal experts and critics highlighted the misconception that habeas corpus could be unilaterally suspended by the president, underscoring the constitutional clarity that only holds this power.