Administration officials have suggested suspending a legal principle that protects against unlawful detention, and struggled to accurately define it.

Sen. Maggie Hassan (D-New Hampshire) asked Noem to simply define habeas corpus — which allows people to challenge the legality of their detention in court, a key right of due process — in a hearing by the Senate homeland security committee. Noem’s answer was wrong in nearly every aspect.

White House Deputy Chief of Staff Stephen Miller suggested the Trump administration would suspend habeas corpus (or the right to a court hearing) if it disagrees with how courts are ruling on immigration cases.