Homeland Security Secretary Kristi Noem mentioned the constitutional right to due process, a “right that the president must be able to remove his post from the country” in a Senate hearing on Tuesday.

Sen. Maggie Hassan, DN.H., asked Noem earlier this month that White House adviser Stephen Miller told reporters that the government “actively watched” suspending habeas protection, which is challenging the right to arrest or imprisonment.

"I want to clarify your position," Hassan asked. “What is habeas protection?”

"Well, habeas protection is a constitutional right that the president must be able to remove his post from this country and suspend his rights," Noum responded before being cut off by Hassan.

"This is incorrect," the senator said.

"Habitat protection is a legal principle that requires the government to provide public reasons for detaining and imprisoning people. If not for protection, the government can simply arrest people, including U.S. citizens, and detain them for no reason," Hassan said.

"So Secretary Nome, do you support the core protection provided by habeas protection, and the government must provide public reasons to detain and imprison someone?" she asked.

"I support habeas protection. I also recognize that the President of the United States has the power under the Constitution to decide whether it should be suspended."

The Department of Homeland Security did not immediately respond to a request for comment about Norm's appearance.

President Donald Trump has repeatedly complained that due process protections are slowing down his efforts on mass deportations. He invoked the Wartime Alien Enemies Act to evade this protection from Venezuelan gang members, but judges, including those in the Supreme Court, ruled that they had the right to due process.

Miller suggested suspending habeas protection practices to speed up deportation illegally coming to the United States and citing what is called the "suspended clause" in the constitution. The clause says: “The privileges of writs of habeas proof shall not be suspended unless in the event of rebellion or invasion.”

Senator Andy King (DN.J.

"No, I'm not, sir." King said this was in Article 1, outlining the power of Congress, not the power of the president.

"Can you confirm with us that you understand that any moratorium on habeas protection requires Congressional actions?" Kim asked.

Norm then correctly pointed out that President Abraham Lincoln used power during the Civil War.

"President Lincoln has performed habeas protection operations in the past through Congress retrospective actions. I believe that any president in the past who can do this should provide us with the current president," she said.

King noted that the court ruled against Lincoln that three times the right has been suspended since Congressional litigation.

He asked Norm if she had a conversation with Miller about a possible suspension, and she said she didn't. She also volunteered to participate in conversations with Trump on the subject.

"The president never said he would do that. He never communicated with me or his government and they would consider suspending habeas umbrella. But I do think the Constitution gives them the right to consider that."