Top Dems Refer Kristi Noem to Trump DOJ for Prosecution Over Perjury Allegations

Two Democratic congressional leaders on Monday said they had "low expectations" for President Donald Trump's Department of Justice to examine alleged perjury by ousted Homeland Security Secretary Kristi Noem, but they noted that the statute of limitations for making false statements to Congress is five years as they referred her for an investigation—meaning Noem's recent remarks about her department's operations under her leadership could be probed after Trump leaves office.

House Judiciary Committee Ranking Member Jamie Raskin (D-Md.) and Senate Judiciary Committee Ranking Member Dick Durbin (D-Ill.) wrote to Attorney General Pam Bondi days after Noem testified before two panels earlier this month—proceedings that came just before Trump announced he was firing the secretary.

Noem, who will officially leave office at the end of the month, has presided over the Department of Homeland Security (DHS) as Trump has embarked on his mass deportation plan—deploying armed federal agents to cities across the US, resulting in the deaths of more than two dozen people including at least three US citizens, sending hundreds of people to a notorious prison in El Salvador against a judge's orders, and detaining tens of thousands of people in centers known for abuse and neglect.

Those subjects were all addressed at the hearings in which Noem testified on March 3 and 4, and Durbin and Raskin argued in their letter to Bondi that the secretary's comments on the issues could make her liable for a federal crime.

"After months of evading our committees’ requests to testify in routine oversight hearings, Secretary Noem made a series of demonstrably false statements in a brazen attempt to undermine critical congressional oversight of the Department of Homeland Security," wrote the lawmakers. "Making false statements to Congress, and making false statements under oath, are federal crimes."

Noem repeatedly told the committees that under her leadership, DHS "absolutely" complies with federal court orders, and persisted in that claim even after Rep. Becca Balint (D-Vt.) pointed out that days earlier, Chief Judge Patrick Schiltz in the District Court of Minnesota had identified 210 instances of US Immigration and Customs Enforcement (ICE) violating court orders. The violations noted by the judge only represented those that took place between December 2025-February 2026 in the state of Minnesota.

Schiltz is one of several judges who have determined DHS and its underlying agencies have defied court orders, including in cases when judges have ordered the immediate release of immigrants who were held without due process or on false pretenses. The fact that Noem repeatedly told lawmakers that "we comply with all federal court orders" could violate federal statutes including 18 USC §1001, said Durbin and Raskin.

Noem was also asked by Sen. John Kennedy (R-La.) about a $220 million advertising campaign that featured her prominently in what she said was an effort by Trump to get "the message out" about her agency's anti-immigration operations. The president denied on the day he fired Noem that he had known anything about the campaign, but aside from that discrepancy, Durbin and Raskin said the outgoing secretary may have falsely stated that there was a competitive bidding process for the campaign.

Noem was confronted with evidence during one of the hearings that one contractor, Safe America Media, had received $143 million to produce the campaign. But she said repeatedly that "there was no involvement whatsoever of anybody that is on the political appointee side of this position on that media contract."

New reporting has shown that Noem actually "handpick[ed]" four companies that were politically connected to the secretary and her allies for the ad campaign.

At both the Senate and House hearings, Noem was asked whether DHS has detained US citizens since Trump took office for his second term last year. She responded definitively in the negative at both hearings—making "demonstrably false" statements, said Durbin and Raskin.

At least 170 US citizens were wrongfully detained in the first six months of Trump's crackdown, and during "Operation Midway Blitz" in Durbin's home state, a 15-year-old, a man who had presented his birth certificate and ID to prove his citizenship, and members of Chicago Alderman Mike Rodriguez's staff were among those who were detained.

Finally, the two Democrats accused Noem of perjuring herself when she responded to questions about conditions in ICE detention centers, claiming that the facilities provide "medical care to all of our detainees [and] three nutritious meals a day," and that detention standards are "the highest in the nation."

Numerous reports have pointed to medical neglect and abuse—some that could amount to torture, according to Amnesty International—at detention centers across the country. At least 48 people have died in these ICE facilities since January 2025. A family's account of conditions at Dilley Immigration Processing Center in Texas, which is run by private prison contractor CoreCivic, detailed moldy and worm-infested food and medical neglect, with the center ignoring a doctor's referral for a comprehensive scan to examine a lump under the mother's rib cage.

"There is ample evidence that ICE is neither meeting its own detention standards, nor providing anything that resembles a nutritious meal," wrote Durbin and Raskin. "ICE internal audits have documented significant failures to meet medical care standards."

The lawmakers urged Bondi to respond to their referral promptly while noting that they had "low expectations" that the Trump administration would hold Noem accountable.

At the House hearing earlier this month, Balint issued a warning to Noem that Americans "will get accountability" sooner or later.

"You are the secretary of DHS—for now," said Balint. "And you think you're immune from accountability, but I promise you this: One day, [Trump] is not going to be president anymore. He is not going to be in charge, and when that day comes, we will still be here."