Can Trump suspend habeas corpus?

U.S. Homeland Security Secretary Kristi Noem speaks during a hearing with the Senate Committee on Homeland Security and Governmental Affairs on Capitol Hill on May 20, 2025 in Washington, DC. Anna Moneymaker/Getty Images hide caption

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Anna Moneymaker/Getty Images

U.S. Homeland Security Secretary Kristi Noem speaks during a hearing with the Senate Committee on Homeland Security and Governmental Affairs on Capitol Hill on May 20, 2025 in Washington, DC.

Anna Moneymaker/Getty Images

Secretary of Homeland Security Kristi Noem got a pop quiz at a senate hearing this week. The question came from Democratic Senator Maggie Hassan, of New Hampshire.

Hassan asked Noem to to explain habeas corpus.

For the record, habeas corpus is the legal principle, enshrined in the Constitution, that protects people from illegal detention.

The reason that this bit of Latin is under discussion – is because the Trump administration says it's considering suspending habeas corpus.

This core constitutional protection has been an obstacle to the President's mass deportation plan.

Habeas corpus is a principle that's hundreds of years older than America itself.

What would it mean if the President suspended it? And could he, under the Constitution?

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This episode was produced by Connor Donevan. It was edited by Courney Dorning. Our executive producer is Sami Yenigun.