Noem was sharply criticized by Democrats for her answers to questions about habeas corpus, which they said she did not define correctly.

Kristi Noem incorrectly responded to a question on the definition of habeas corpus during a Senate Homeland Security and Governmental Affairs Committee hearing.

During a budget hearing at the Senate Committee on Homeland Security, Democratic New Hampshire Senator Margaret Hassan asked Noem what habeas corpus was. "Habeas corpus is a constitutional right that the president has to be able to remove people from this country," Noem responded.