The Department of Homeland Security oversees thousands of arrests and detentions in the United States every year. It is responsible for ensuring that their detainees are treated in accordance with the Constitution. It has long been clear that Homeland Security Secretary Kristi Noem has been completely ineligible to uphold this responsibility, but nothing is more obvious on Capitol Hill than Tuesday.
During a hearing on the Senate Homeland Security Committee on Tuesday, Senator Maggie Hassan (DN.H.) asked Neum: "What is Habeth Corpus?"
Norm replied: “Well, habeas protection is the constitutional right that the president must be able to evacuate people from this country, adding that Abraham Lincoln “used”.
Hassan interrupted, pointing out that Norm was completely wrong. Habitat protection is Latin for “you have a body” and is a person challenging his right to detain and asking the government to prove that detention is legal and justified. Norm's response is actually the opposite of what the Habeus corpus actually means.
Under the Constitution, the President has no right to unilaterally suspend habeas protection and therefore such a declaration must be ratified by Congress. Earlier this month, White House Deputy Chief of Staff Stephen Miller suggested that the Trump administration hopes to suspend the right to habeas protection of immigrants to eliminate potential challenges to their detention and deportation.
“If it weren’t for the protection of this kind, the government could simply arrest people, including U.S. citizens, and arrest them indefinitely,” Hassan added. “So, Secretary Norm, do you support the core protections stipulated in the habeas protection industry, and the government must provide public reasons to detain and imprison someone?”
Neum replied that while she supports the principle, she must also “recognize that the U.S. president has power under the Constitution to decide whether it should be suspended.”
Hassan reminded Neum that this moratorium “has never been done without Congress’ approval, and even Abraham Lincoln received retrospective approval from Congress.”
Later in the hearing, Senator Andy Kim (DN.J.) asked Noem to understand whether “will any moratorium on habeas protection require congressional actions?”
"In the past, President Lincoln executed habeas operations with retrospective actions in Congress. I believe that any president who was able to do this in the past should provide us today's presidents." Norm claimed that although Trump did not directly say he planned to suspend the game, she felt he had the right to do so.
When suppressed, Norm could not say what constitutional articles or partly outlined power, nor how many times had been cited in American history.
"Do you know which branch of the Government Article 1 outlines the tasks and responsibilities?" King found Article 1 in the suspension clause in the notification Noem.
"Yes," Norm replied. “Congress.”