Habeas Corpus 101: Why Kristi Noem Has No Business Running DHS

On May 20, Homeland Security Secretary Kristi Noem confidently stated: “The Constitution gives the president authority through habeas corpus to detain and remove people who are in this country illegally.” Now, bless her heart—because that’s not even close to correct. Habeas corpus is not some executive deportation lever. It’s one of the oldest legal protections we have—the right to challenge unlawful detention in court. It limits government power. It defends liberty. It keeps tyrants in check. You’d think the head of the agency responsible for detention and removal would know that. Instead, she handed us a definition that sounds more like something you’d find in a dystopian novel than a civics textbook. And suddenly it makes sense why DHS agents are acting less like law enforcement and more like a political police force. If this is what a “merit-based” hire looks like under your leadership, we’re in serious trouble. To every Republican who confirmed her: you broke it—now fix it. To every member of Congress who confirmed her: you share responsibility for these missteps. It’s imperative to address these issues promptly to uphold the integrity of our Constitution.