James Percival, nominated to be general counsel for the Department of Homeland Security, told the Senate Homeland Security and Governmental Affairs Committee that, if confirmed, he would advise and act consistent with the administration’s policy to follow court orders.

During questioning by Senator Maggie Hassan, Percival was asked to define habeas corpus and to confirm its constitutional importance. Percival replied, “Habeas corpus is a Latin phrase that means you shall have the body. Right.” He acknowledged multiple legal concepts around the writ, including the suspension clause and possible implications for statutes such as the Alien Enemies Act, and later said he agreed that “the constitution protects the availability of that writ except in enumerated circumstances in the constitution.”

Senators repeatedly pressed Percival on whether he would advise the department to obey court orders. Percival said, “The policy of this administration is to follow court orders and if confirmed, I would act consistent with that policy.”

The committee additionally questioned Percival about a travel ban announced by the president the night before the hearing that, according to senators, suspended immigrant and nonimmigrant visas for Afghan nationals. Percival said he was not yet familiar with the order and that, if confirmed, his role would be to provide legal advice: “I'm not super familiar with the president's order. As general counsel if confirmed, my focus would be on providing legal advice.” He also said he would be willing to continue conversations about exceptions for Afghan allies.

Senator Richard Blumenthal asked whether noncitizens are entitled to due process; Percival responded that the amount of process varies by circumstance and cited Matthews v. Eldridge as a governing Supreme Court precedent on process‑level analysis.

Percival reiterated that, if confirmed, he would uphold the administration’s stated policy to follow judicial orders and said he would work with senators on legal and humanitarian concerns raised during questioning.