Kristi Noem grilled over 'habeas corpus', gives incorrect response | Watch

United States' secretary of Homeland Security, Kristi Noem, made a major gaffe when she misstated the meaning of " habeas corpus " - the right of a person to challenge their detention in court.

Noem, who oversees Immigration and Customs Enforcement (ICE) and plays a key role in implementing President Donald Trump 's migration agenda, made the error during a Senate hearing .

Maggie Hassan, a Democratic senator from New Hampshire, asked Noem, "What is habeas corpus?"

HASSAN: What is habeas corpus?

NOEM: Habeas corpus is a constitutional right that the president has to be able to remove people from this country

HASSAN: That's incorrect pic.twitter.com/ozRVVfdSoP

— Aaron Rupar (@atrupar) May 20, 2025

"Well, habeas corpus is a constitutional right that the president has to be able to remove people from this country, to suspend their right to..." she responded, but was interrupted by Hassan.

"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. It is the foundational right that separates free societies like America from police states like North Korea," the Democrat, a former attorney, said, correcting the Department of Homeland Security (DHS) secretary.

Noem rephrased her response, saying "I support habeas corpus." However, she further stated that the US president has the right to decide whether it should be suspended.

The back and forth follows a statement from President Donald Trump's aide Stephen Miller. Earlier this month, Miller claimed the Trump administration is "actively looking at" suspending habeas corpus to expand the federal government's legal power to deport migrants who are in the United States illegally.