Democratic Sen. Slams Kristi Noem Over Definition Of Habeas Corpus: 'Separates Free Societies Like America From Police States Like North Korea'

Democratic Senator Maggie Hassan criticized DHS Secretary Kristi Noem over the definition of habeas corpus on Monday, as the administration says it's considering suspending the right to enforce deportations.

Speaking during a hearing before the Senate Appropriations Committee, Hassan asked Noem what is habeas corpus.

"Habeas corpus is a constitutional right that the president has to be able to remove people from this country," Noem began before being interrupted by the senator from New Hampshire.

"That's incorrect. Habeas corpus is the legal principle that requires that the government provides 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. Habeas corpus is the foundational right that separates free societies like America from police states like North Korea," Hassan said.

The senator went on to ask Noem if she supports "the core protection that habeas corpus provides, to which Noem said yes, but that she also recognizes "that the president of the U.S. has the authority under the Constitution to decide if it should be suspended or not." "It has never been done without the approval of Congress," Hassan reported.

The discussion comes days after White House Deputy Chief of Staff Stephen Miller said the administration could seek to suspend habeas corpus to carry out deportations currently being blocked by courts.

Speaking to reporters at the White House grounds, Miller said Trump could invoke the Constitution to enforce the decision. "The Constitution, which is the supreme law of the land, is clear. It says that the privilege of the writ of habeas corpus can be suspended in a time of invasion. So it's an option we're actually looking at," Miller said.

"A lot of it depends on whether the courts do the right thing or not," Miller added. He sought to back his argument by claiming courts around the country are overreaching and undermining the two other branches of government. He has repeatedly accused judges of committing a "judicial coup" when referencing rulings he or the administration disagree with.

Noem sought to back the argument last week during a U.S. House committee hearing on immigration enforcement, where she was asked whether border crossings constituted an "invasion" under the Constitution.

"I'm not a constitutional lawyer, but I believe it does," Noem responded to Rep. Eli Crane (R-Ariz.), who claimed that the Biden administration had "allowed an invasion into our country." Noem added that any decision to suspend habeas corpus would fall on President Trump. "This is the president's prerogative to pursue, and he has not indicated to me that he will or will not be taking that action," she said.