Kristi Noem Dodges Question on Due Process Rights for Undocumented Immigrants During House Committee Meeting

DHS Secretary Kristi Noem declined to directly answer whether, in her opinion, the U.S. Constitution guarantees due process rights to everyone within the country, including undocumented immigrants.

The exchange occurred during a hearing before the House Appropriations Subcommittee on Homeland Security under questioning from Representative Lauren Underwood, who pressed Noem for a "yes" or "no" response regarding constitutional protections, which she did not ultimately provide. Given Noem's evasive approach, Underwood said:

"Ma'm, I am trying to ascertain your understanding of the law as it applies to your department, and you as its leader should be able to give us a 'yes' or 'no' answer, because judge after judge has ruled that the law is not being followed"

Earlier in the hearing, Underwood also asked Noem about claims that the U.S. does not deport its own citizens. "No, and we are not deporting U.S. citizens," Noem said. The exchange then continued:

Underwood: OK great, I'm so happy to hear that you do not believe that the law gives you that authority, because the federal government has no authority under U.S. laws to deport any American citizen. And as I know everyone viewing this hearing today knows that several American citizens have been deported to date

Noem: No, they haven't. That is not true.

Underwood: Secretary Noem, that was not a question

Noem went before lawmakers to advocate for over $175 billion in funding for Homeland Security in Fiscal Year 2026, as News Nation points out. She emphasized the need for increased resources to support the Trump administration's immigration enforcement agenda, including expanded border infrastructure, additional personnel, and more advanced surveillance technology.

Noem also said the administration's current approach had significantly reduced daily migrant encounters at the border and curbed fentanyl trafficking.

The hearing featured bipartisan scrutiny of DHS's effectiveness. Representatives Henry Cuellar and Veronica Escobar, both Democrats from Texas, and Republicans Tony Gonzales (Texas) and Juan Ciscomani (Arizona), questioned the agency's use of existing resources. Cuellar in particular criticized the poor functionality of surveillance equipment and communication gaps in dangerous areas. He also called for basic improvements such as road access along the Rio Grande and the removal of visual obstructions.