Rep. Lauren Underwood questioned Homeland Security Secretary Kristi Noem at an Appropriations Oversight hearing on Tuesday about whether non-citizens have the right to due process in the U.S.

REP. LAUREN UNDERWOOD: Thank you, Mr. Chairman. This weekend, the President made the remarkable statement that he, quote, doesn’t know” whether he has to uphold the Constitution. You, however, have taken a different position, both in your confirmation hearing and when you took the oath of office. You said that you were committed to complying with the Constitution. Do you still stand by that statement? DHS SECRETARY KRISTI NOEM: Absolutely. I believe President Trump- REP. LAUREN UNDERWOOD: Excellent. Let’s start with Article One, which gives Congress and only Congress the power of the purse. No money shall be drawn from the Treasury, but in consequence of appropriations made by law. But this administration is freezing, terminating, and even clawing back federal grants and awards that were already signed into law. These are taxpayer dollars that were appropriated by Congress for the specific purposes that we laid out. So, Secretary, let me ask you, do you believe the administration has the authority to subvert appropriations law to freeze and terminate congressional funding? DHS SECRETARY KRISTI NOEM: The administration and the Department of Homeland Security used our authorities that we have to evaluate every grant that was in front of us and made statutory requirements but also to make sure that they were being spent appropriately. REP. LAUREN UNDERWOOD: So, of course, the President is within his authority, and this is my time. Thank you so much. Of course, the President’s within his authorities to drive policy decisions within the bounds of federal law and the Constitution, but that’s not what you’ve been doing. What I’m asking is whether you believe that you have the authority to ignore appropriations law. Do you believe that the Constitution gives the executive branch unilateral authority to withhold funds appropriated by the legislative branch? DHS SECRETARY KRISTI NOEM: We have evaluated grants to make sure if they’re being spent appropriately, and work that is underway and was authorized has continued. Other grants that have not been started and have not been authorized or obligated, we have reevaluated, and I think you’re talking specifically about grants potentially within FEMA that were non-disaster-related grants. REP. LAUREN UNDERWOOD: I’m talking broadly. And Article 2 does not give the executive the authority to withhold funds, period, and multiple courts have weighed in to agree. Multiple courts have ruled in agreement. Congress controls the power of the purse. That is a fact. That’s not a question, that is a fact. And so, if the President disagrees with certain spending, Congress passed the Impoundment Act to create a legal process to seek rescissions, and we expect him to follow the law. This administration is not just ignoring the constitutional power of the people’s elected representatives, it is also violating the fundamental right of individuals. Do you believe that the Constitution grants everyone in our country the right to due process, including non-citizens? DHS SECRETARY KRISTI NOEM: The administration has the authority to- REP. LAUREN UNDERWOOD: Ma’am, I’m looking for a yes or no question. Yes or no. Do you believe the- DHS SECRETARY KRISTI NOEM: [inaudible] REP. LAUREN UNDERWOOD: Reclaiming my time. Okay, Secretary Noem, I’m just looking for a yes or no here. Do you believe the Constitution guarantees due process to everyone in America? DHS SECRETARY KRISTI NOEM: Due process is exactly what this Congress- REP. LAUREN UNDERWOOD: Yes or no? Okay, ma’am, I’ll take that as a no. Excuse me, I’m trying, ma’am, I’m trying to ascertain your understanding of the law as it applies to your department, and you, as its leader, should be able to give us a yes or no answer because judge after judge has ruled that the law is not being followed. Do you believe that the U.S. government has the authority to deport American citizens? DHS SECRETARY KRISTI NOEM: No, and we are not deporting U.S. citizens. REP. LAUREN UNDERWOOD: Okay, great. I’m so happy to hear that you do not believe that the law gives you that authority, because the federal government has no authority under U.S. laws to deport any American citizen, and as I know everyone viewing this hearing today knows that several American citizens have been deported to date. DHS SECRETARY KRISTI NOEM: No they haven’t, that is not true. REP. LAUREN UNDERWOOD: Secretary Noem, that was not a question. Secretary Noem, that oath that we both swore before taking office was to protect and defend the Constitution of the United States, not the President, not a political party, the Constitution. And that’s what we’re going to keep doing here at the Appropriations Committee.

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