VIDEO: Senator Hassan Presses Homeland Security Secretary Noem on Protecting Constitutional Rights and Secures Commitment to Follow Court Orders

WASHINGTON – During a Senate Homeland Security Committee hearing today, U.S. Senator Maggie Hassan (D-NH) questioned Department of Homeland Security Secretary Kristi Noem about preserving the fundamental constitutional protection of habeas corpus, which requires that the government provide a reason for detaining or imprisoning someone, as well as an opportunity for that person to seek judicial review of their detention. There have been recent reports that the Trump Administration is considering unilaterally suspending habeas corpus. Senator Hassan also pressed Secretary Noem on critical national security challenges, including the rise of AI-enabled cybercrime targeting seniors and vulnerabilities in U.S. critical infrastructure from attacks by adversaries like China. 

To watch Senator Hassan's hearing questions, click here.

Senator Hassan began by questioning Secretary Noem about the fundamental constitutional protection of habeas corpus after the Trump Administration stated it was considering suspending this right. Secretary Noem incorrectly defined habeas corpus as “a constitutional right that the President has to be able to remove people from this country.” Senator Hassan explained that “habeas corpus is the legal principle that requires that the government provide a public reason for detaining and imprisoning people. If not for that protection, the government could simply arrest people, including American citizens, and hold them indefinitely for no reason.” She emphasized that “habeas corpus is the foundational right that separates free societies like America from police states like North Korea. As a Senator from the Live Free or Die state, this matters a lot to me and my constituents and to all Americans.” 

Senator Hassan then secured a commitment from Secretary Noem that she would follow court orders if the President attempted to suspend habeas corpus and a federal court reversed that order. “I’m glad that you have now committed to following court orders. I’m glad you believe in the basic freedom for Americans if ordered to do so by a court,” said Senator Hassan. 

Senator Hassan then asked how the Department of Homeland Security is addressing increasingly sophisticated cyber criminals targeting Americans. These criminals use new tools and techniques, including artificial intelligence-generated imagery, to rob Americans, including seniors who lost $5 billion to scammers in 2024 alone. Senator Hassan also raised concerns about recent reports that the Chinese government installed remote access to Chinese-made power inverters, potentially allowing China to disable parts of our power grid. She pushed Secretary Noem to bolster DHS's efforts to partner with state and local governments on cybersecurity. 

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