Homeland Security Director Kristi Noem inquiry against Democratic senators at a hearing Tuesday, incorrectly referring to habeas safeguarding procedures as presidential power to expel individuals.

Noem testified on Capitol Hill before the Senate Homeland Security and Government Affairs Committee, Department of Homeland Security's fiscal year 2026 budget.

The secretary replied: “Habitat is a constitutional right that the president must be able to evacuate from this country.”

In fact, the act of habeas protection is a Bedrock Constitutional and legal principle that individuals can be protected from illegal imprisonment by making the court examine the legality of their detention in the court.

After responding, Senator Hassan corrected the secretary and noted: “Habitat protection is the fundamental right to separate a free society like the United States from police states like North Korea.” She then urged Noem to ask whether she supports the “core protection” of habeas protection – the government must make public reasons to detain or imprison someone.

"Yes, I support habeas safety," Norm replied. “I also recognize that the U.S. president has power under the Constitution to decide whether it should be suspended.”

Article 9, Article 9 The U.S. Constitution prohibits the suspension of habeas protection, “Unless in the event of a rebellion or invasion, it may be required by public safety.”

White House adviser Stephen Miller spoke earlier this month that the government was "looking for" ways to end proper procedural protections for undocumented immigration, possibly through laws citing the 1798 Alien Enemy Act.

"The constitution is clear, of course, this is the supreme law of land, that is, the privilege of habeas warrants can be suspended in the event of invasion," Miller told reporters.

But the Supreme Court on Friday approved a preliminary injunction that extended the deportation of Venezuelan immigrants in northern Texas under the Foreign Enemy Act.

In 1861, President Abraham Lincoln Writing to suspend habeas umbrellait is believed that it is necessary to protect the alliance from sympathetic sympathizers. The Supreme Court then ruled that the president lacked that power. It was not until 1863 that Congress passed Habitat Protection Act.

President Franklin Roosevelt's executive order detained thousands of Americans of Japanese descent during World War II Challenged The reason is to illegally deny the personal protection of the detainees.