Homeland Security Secretary Kristi Noem testifies before the Senate Homeland Security and Governmental Affairs Committee on Tuesday, May 20, 2025. (Screenshot from committee webcast)

WASHINGTON — U.S. Department of Homeland Security Secretary Kristi Noem Tuesday was grilled by senators on the Homeland Security and Governmental Affairs Committee about funding estimates for a barrier along the southern border, as well as concerns about the Trump administration’s adherence to due process in immigration enforcement.

Noem was sharply criticized by Democrats for her answers to questions about habeas corpus, which they said she did not define correctly. “Habeas corpus is a constitutional right that the president has to be able to remove people from this country,” Noem said before she was cut off by Democratic Sen. Maggie Hassan of New Hampshire, who had asked her for a definition.

“That’s incorrect,” Hassan said. “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.”

As for the cost of President Donald Trump’s border plans, even Republicans expressed doubts.

“I know the wall is (of) great symbolic value, but I think we should reassess the cost,” Republican Chair Rand Paul of Kentucky said about the House’s reconciliation package, which calls for $46 billion in border wall funding.

Noem appeared before the committee to discuss President Donald Trump’s fiscal year 2026 budget request for Congress along with the border security provisions in the reconciliation package. Congressional Republicans are using reconciliation — a special procedure that skirts the Senate’s 60-vote filibuster — to put together one bill to fulfill Trump’s priorities on border security, tax cuts, energy policy and defense.

“The border crisis is the biggest problem that was facing our country, and it was one that was imperative to fixing for our nation’s future,” Noem, the former governor of South Dakota, said. “We’re solving this crisis at a record pace, and we have delivered the most secure border in American history.”

Senate Democrats pressed Noem about DHS spending, noting that she is on track to run out of funding by mid-July, and her agency’s immigration crackdown that has led to expensive immigration enforcement.

The top Democrat on the panel, Sen. Gary Peters of Michigan, noted that detaining migrants at the Guantanamo naval base costs as much as $100,000 a day, compared to $160 a day at a U.S. Immigration and Customs Enforcement facility. 

“I think that’s kind of outrageous,” Peters said. “I’m concerned by the staggering cost of this, and I would hope, Secretary (Noem), you could commit to providing this committee a detailed breakdown of the total cost of that operation there.”

Noem said she would get the cost breakdown for him. 

Questions about habeas corpus

Several Senate Democrats, including Hassan, Andy Kim of New Jersey and Elissa Slotkin of Michigan, questioned comments from senior White House officials such as Stephen Miller, who has said discussions about suspending habeas corpus were underway.

Habeas corpus allows people in the U.S. who believe they are being unlawfully detained to petition for their release in court, and it can be used to challenge immigration detention.

The U.S. Constitution in allowing for habeas corpus to be suspended says “in Cases of Rebellion or Invasion the public Safety may require it.” That provision is within Article I of the Constitution, which covers the functions of the legislative branch, or Congress.

Habeas corpus has only been suspended four times in U.S. history, during the Civil War; in almost a dozen South Carolina counties that were overrun by the Ku Klux Klan during reconstruction; in a 1905 insurrection in U.S. territories in the Philippines; and after the Pearl Harbor bombing in Hawaii.

Slotkin told Noem she was concerned by her response that she believes the president has the right to suspend habeas corpus.

“You sat here in front of all of us and swore an oath to the Constitution,” Slotkin said to Noem, adding that if the president were to suspend habeas corpus, it would be a “complete overreach.”

“It is a right that we all get, that American citizens get, that people who are in the United States legally have,” Slotkin said.

Kim asked Noem, a former member of the U.S. House, if she knew what section of the Constitution allows for the suspension of habeas corpus and which article it’s under.

Noem did not know the answer to either question.

“It’s in Article I,” Kim said. “Do you know which branch of government Article I outlines the tasks and the responsibilities for?”

Noem said Congress. She then argued former President Abraham Lincoln suspended habeas corpus.

Lincoln suspended habeas corpus between Washington, D.C., and Philadelphia because of the Civil War and initially did so without congressional approval. He later called Congress back into session to get congressional approval for it.

Reality show with competing immigrants

Democratic Sen. Richard Blumenthal of Connecticut asked Noem if DHS was considering hosting a reality show that would make immigrants compete for citizenship, according to multiple media reports.

Noem vehemently denied that DHS was looking at it.

“There may have been something submitted somewhere along the line, because there are proposals pitched to the department, but me and my executive team have no knowledge of a reality show, and it’s not under consideration,” she said.

Kim pressed Noem about the recent confrontation between House lawmakers and immigration officials at Delaney Hall in his home state of New Jersey.

Three New Jersey Democratic members – Reps. Bonnie Watson Coleman, LaMonica McIver and Rob Menendez — were in Newark protesting the reopening of Delaney Hall, an immigrant detention center.

The mayor of Newark, Ras Baraka, who was also protesting, was arrested.

The Trump administration Monday levied two felony charges against one of those members, McIver, accusing her of assaulting officers during Baraka’s arrest.

Kim said he was concerned about the incident and asked Noem if she was aware that members of Congress do not need prior notice to conduct oversight at DHS facilities.

Members of Congress are allowed to conduct oversight visits at any DHS facility that detains immigrants, without prior notice, under provisions in an appropriations law.

Noem accused the three House members of “storming” the facility.

“We give tours when members of Congress ask for it, we just ask that they not be politicized,” she said.

Prep for big sporting events

Florida GOP Sen. Rick Scott and Rand Paul asked Noem about how prepared DHS is for providing security to big sporting events such as the Super Bowl and soccer’s World Cup.

Scott wanted to know how security preparations for the 2026 World Cup, which includes games in Miami, are going.

Miami is one of 11 U.S. cities hosting the World Cup. The others are Atlanta; Boston; Dallas; Houston; Kansas City, Missouri; Los Angeles; the San Francisco Bay area; the New York and New Jersey metropolitan area; Philadelphia; and Seattle.

“We are working diligently with FIFA and other entities to ensure that cities and states have the assets that they need. This will be an unprecedented world event,” Noem said. “It will be taking place in three different countries and many cities across our country, but also Mexico and Canada, and it will take place over a month.”

The World Cup, which first began in the 1930s, is typically held in one country every four years. The last time two countries hosted the month-long event was in 2002, with Japan and South Korea.

Paul asked Noem if the NFL or FIFA, international soccer’s governing body, ever paid DHS for its security measures.

Noem said no.

“Here’s my point,” Paul said. “The NFL makes billions of dollars. These people ought to pay. I mean, it’s ridiculous that the average taxpayer could never afford to go to an NFL Super Bowl, (and) has got to pay for their security.”

U.S. Homeland Security Secretary Kristi Noem delivers remarks to staff at the Department of Homeland Security headquarters on Jan. 28, 2025, in Washington, D.C. (Photo by Manuel Balce Ceneta-Pool/Getty Images)

WASHINGTON — U.S. Department of Homeland Security Secretary Kristi Noem Wednesday harshly criticized three Democrats who were accosted by federal immigration officials while protesting the opening of an immigrant detention center in New Jersey.

Democrats at the hearing of the House Homeland Security Committee in turn said Immigration and Customs Enforcement officials physically assaulted the lawmakers.

Noem, who was appearing to discuss President Donald Trump’s fiscal year 2026 budget for the agency, said the Democrats who went to Delaney Hall to oversee the conditions were not conducting proper oversight.

Members of Congress are allowed to conduct oversight visits at any DHS facility that detains immigrants, without prior notice, under provisions in an appropriations law.

“I believe that it was breaking into a federal facility and assaulting law enforcement officers,” Noem, the former governor of South Dakota, said.

Newark incident

Last Friday, the three New Jersey Democratic members – Reps. Bonnie Watson Coleman, LaMonica McIver and Rob Menendez — were in Newark protesting the reopening of an immigrant detention center.

The mayor of Newark, Ras Baraka, was arrested. It was a stark escalation of Democratic lawmakers’ opposition to the Trump administration’s immigration crackdown.

After the incident, Menendez detailed how ICE agents “pushed, physically assaulted two female members of Congress.” 

Several Republicans on the panel that oversees Homeland Security, including Chair Mark Green of Tennessee, said there should be consequences for the Democrats, such as criminal charges.

Green accused one of three Democrats of assaulting a law enforcement officer.

“This behavior demands a swift and firm response, and I assure you, action will be taken,” Green said.

Arizona GOP Rep. Eli Crane suggested there be criminal charges lodged against the Democratic members and Republican Rep. Andy Ogles of Tennessee suggested to Noem that she “look into actions (to) be taken if a member assaulted” law enforcement.

The top Democrat on the panel, Rep. Bennie Thompson of Mississippi, slammed Noem for the incident.

“Instead of following the law, masked ICE personnel stopped and assaulted the members,” he said. “Then, to make matters worse, instead of launching an investigation into the incident, your department lied to the press about the situation and threatened to arrest members of Congress for doing their job.”

One of the Democrats who was at the detention center protest, McIver, sits on the committee, but she did not speak to Noem about the incident.

“This is not about me,” McIver said, and instead pressed Noem about international students who had their visas revoked.

Focus on Abrego Garcia

Democrats criticized Noem and the Trump administration’s aggressive immigration enforcement that has led to swift deportations and concerns about a lack of due process.

They especially focused on Kilmar Abrego Garcia, a Maryland man who was wrongly deported to a prison in El Salvador.

Rhode Island Democratic Rep. Seth Magaziner called Noem’s leadership of DHS “sloppy,” and said it has led to immigrants and even U.S. citizen children being wrongly deported.

“Instead of enforcing the laws, you have repeatedly broken them,” Magaziner said. “You need to change course immediately before more innocent people are hurt on your watch.”

California Democratic Rep. Eric Swalwell asked Noem if Abrego Garcia was given proper due process.

Swalwell said he was defending due process and held up a poster that showed Trump holding a picture of Abrego Garcia’s hand that digitally added “MS-13” tattoos to his knuckles.

He asked her several times if the photo was doctored. Noem did not answer the question but said she was unaware of the image.

Instead she said that even if Abrego Garcia were returned to the United States, he would be immediately deported. The U.S. Supreme Court ruled the Trump administration must facilitate the return of Abrego Garcia but he remains in El Salvador.

Crane asked Noem if she supported suspending habeas corpus, something that top Trump officials such as Deputy White House Chief of Staff Stephen Miller have floated.

Habeas corpus allows people who believe they are being unlawfully detained to petition for their release in court, and it’s used to challenge immigration detention. It’s currently the only avenue that Venezuelans subject to the Alien Enemies Act of 1798 have to challenge their deportation under the wartime law.

“That’s not in my purview to weigh in on,” Noem said. “This is the president’s prerogative to pursue, and he has not indicated to me that he will or will not be taking that action.”

The U.S. Constitution allows for habeas corpus to be suspended “in Cases of Rebellion or Invasion the public Safety may require it.”

Crane argued that unauthorized immigration counted as an “invasion,” and therefore could be used to suspend habeas corpus.

Habeas corpus has been suspended four times in U.S. history, during the Civil War; in almost a dozen South Carolina counties that were overrun by the Ku Klux Klan during reconstruction; in a 1905 insurrection in U.S. territories in the Philippines; and after the Pearl Harbor bombing in Hawaii.

FEMA dismantling

Thompson grilled Noem about the president’s comments wanting to dismantle FEMA.

Noem said that she is supportive of Trump’s policy.

“The president has been clear that he wants to empower states to give them the opportunity to build out their response,” she said.

She said that while the federal government will be there for support, that local and state governments “know what they need.”

Thompson asked Noem if she had a plan for the federal government responding to natural disasters.

Noem said while there is nothing in writing, “the White House is coming forward with a plan…that will be making recommendations.”

GOP Rep. Carlos Gimenez of Florida, said that while he supports efforts to “reform FEMA,” he stressed to Noem that “we can’t leave those who can’t fend for themselves.”