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"Kristi Noem is brutally unqualified," said one journalist. "Never should have been in spitting distance as head of homeland security/ICE."
As the US Department of Homeland Security remains partially shut down, DHS chief Kristi Noem testified before the Senate Judiciary Committee on Tuesday and repeatedly refused to apologize to the family of Alex Pretti, who was recently killed by immigration agents in Minnesota.
"Two of my constituents, Renee Good and Alex Pretti, were killed," Sen. Amy Klobuchar (D-Minn.), who is running for governor, said while questioning Noem about Operation Metro Surge, for which the secretary and President Donald Trump sent thousands of immigration agents to the Twin Cities in January.
Border Patrol agent Jesus Ochoa and Customs and Border Protection officer Raymundo Gutierrez fatally shot Pretti, a Department of Veterans Affairs nurse, just weeks after Immigration and Customs Enforcement (ICE) officer Jonathan Ross similarly killed Good. Their deaths fueled the congressional funding fight that has led to the ongoing shutdown.
"They should be alive today," Klobuchar said of the two 37-year-old US citizens. "In fact, in one month, in the city of Minneapolis, when you look at the three fatalities that were results of shooting, two of three were committed by federal agents."
After highlighting the various rights that DHS agents trampled on in Minneapolis and Saint Paul, and questioning Noem about the current footprint—roughly 500 more agents than the number before the surge that the administration claims has ended—Klobuchar turned to the secretary's attempts to smear both Good and Pretti as domestic terrorists.
"When I spoke to Alex's parents, they told me that you calling him a domestic terrorist, this was directly from them, the day after he was killed, a nurse in our VA, Alex, one of the most hurtful things they could ever imagine was said by you about their son," said Klobuchar. "Do you have anything you want to say to Alex Pretti's parents?"
Noem responded, "We were relying, in the hours after that incident that was so horrific, on information we were getting from the ground, from our agents."
When Klobuchar jumped in, reiterating the question and extending it to Good's relatives, Noem claimed: "That's what I'm doing right now... I can't even imagine what they have gone through, in the loss of their son, in the loss of their family members. It's absolutely tragic."
Noem's comments about the two victims, and her broader handling of the DHS invasions of the Twin Cities and other US communities as part of Trump's mass deportation agenda, have sparked calls for her resignation, firing, or impeachment.
Before the surge in Minnesota, the administration launched Operation Midway Blitz, targeting immigrants in Chicago and its suburbs. Earlier in Tuesday's hearing, Sen Dick Durbin (D-Ill.), noted to Noem that during the invasion of his state, "one of your Border Patrol agents shot Marimar Martinez five times after ramming her car."
"You and your agency rushed to brand these victims as, quote, domestic terrorists," Durbin continued. "We have ample video evidence and eyewitness testimony proving you were wrong. Your statements cause immeasurable pain to these families. Let me give you an opportunity to do the right thing. Do you retract these statements identifying these individuals as domestic terrorists?"
The secretary responded: "When we have these situations happen, we always offer our condolences to those families, and I offer mine as well. These are tragic situations, and I can't imagine what these families go through in losing a loved one. What I will say is we always work to provide the American people with as much information as possible—that we're relying on reports from the ground and from agents that are there, and working to be transparent, and will continue to do all that we can to provide the accurate information and the facts to people as we can."
While going back and forth, Durbin also asked Noem: "Is it so hard to say you were wrong?" and "When you fail, do you admit it publicly?"
She claimed: "Absolutely. We always know that there's room for improvement."
Martinez, a 30-year-old US citizen, survived, and has since testified on Capitol Hill about what she endured. However, an ICE agent did fatally shoot Silverio Villegas González, a 38-year-old immigrant, in the suburb Franklin Park during the Illinois operation. As with the other cases, video footage of his killing contradicted the DHS narrative about it.
Sharing a clip of the DHS secretary's exchange with Durbin on social media, writer and editor Keith Murphy declared that "Kristi Noem is brutally unqualified. Never should have been in spitting distance as head of Homeland Security/ICE."
"But this is what Trump wanted," Murphy continued, also pointing to Defense Secretary Pete Hegseth, Health and Human Services Secretary Robert F. Kennedy Jr., Director of National Intelligence Tulsi Gabbard, US Attorney General Pam Bondi, and Federal Bureau of Investigation Director Kash Patel.
"The worst of the worst," Murphy concluded. "A generational clown car."
"FISA 702 has been abused in shocking ways," said one campaigner. "If Congress genuinely cares about surveillance abuse, weaponization, and 'lawfare,' it needs to rein in this warrantless surveillance power."
Privacy advocates are backing a bipartisan bill introduced in the US Senate this week that's intended to protect Americans from warrantless government surveillance.
Sens. Dick Durbin (D-Ill.) and Mike Lee (R-Utah) unveiled the Security and Freedom Enhancement (SAFE) Act on Monday, in the wake of Politico reporting that President Donald Trump's White House "is quietly pushing for a key spy authority to be extended as is into 2027, according to five people granted anonymity to discuss the private talks."
There have long been arguments on Capitol Hill and beyond over Section 702 of the Foreign Intelligence Surveillance Act (FISA), which empowers the federal government to surveil electronic communications without a warrant. The law only allows for targeting foreigners outside the United States to acquire foreign intelligence information, but Americans' data is also collected.
Despite such arguments, Congress reauthorized Section 702 nearly two years ago, under then-President Joe Biden. That decision is set to expire on April 20, setting up a new battle over the spying power—hence the bill's introduction this week.
Under Durbin and Lee's proposal, the authority would be extended another two years, but government agencies must obtain a FISA Title I order or a warrant before accessing Americans' communications. As the pair noted in a statement, it also "closes the 'data broker loophole' that intelligence and law enforcement agencies use to buy their way around the Fourth Amendment" to the US Constitution, which bars unreasonable searches and seizures and details requirements for issuing warrants.
"Section 702 is a valuable tool to help keep our nation safe," said Durbin. "However, it's being used to conduct thousands of warrantless searches of Americans' private communications. That's unacceptable. Our bipartisan SAFE Act is a commonsense solution to continue protecting our country from foreign threats—while safeguarding Americans' civil liberties and privacy."
In a Tuesday statement welcoming the legislation, Demand Progress senior policy adviser Hajar Hammado highlighted that "right now, the government can freely troll through your private emails and texts swept up in 702 collections and this power has been abused to spy on everyday Americans, journalists, and even members of Congress."
"No government, whether it's run by Donald Trump and Stephen Miller or Joe Biden, should be able to do this," argued Hammado. According to Politico, Miller, the White House deputy chief of staff for policy and homeland security adviser, "is a leading advocate" for extending Section 702.
Hammado stressed that "the SAFE Act is a bipartisan solution to this problem, and all members of Congress should not support reauthorization without these critical reforms. We thank Sens. Lee and Durbin for their leadership on this bill and for modeling how Republicans and Democrats can come together to stop oppressive government overreach."
Jake Laperruque, deputy director of the Center for Democracy & Technology's Security & Surveillance project, also endorsed the bill in a Tuesday statement.
"FISA 702 has been abused in shocking ways," said Laperruque. "The FBI has misused it to snoop on protesters, lawmakers, journalists, judges, and campaign donors. If Congress genuinely cares about surveillance abuse, weaponization, and 'lawfare,' it needs to rein in this warrantless surveillance power."
"The SAFE Act includes bold FISA reforms, creates strong guardrails against surveillance misconduct, and has been meticulously crafted to protect national security," he continued. "With less than 10 weeks until FISA 702 expires, Congress should take up reform legislation quickly. Kicking the can on FISA would be a dereliction of duty."
A CDT-led coalition of privacy advocates across the political spectrum recently identified these as the four key issues to address in FISA reform. The SAFE Act effectively takes on all of them. With just SEVEN weeks until FISA 702 expires, we hope Congress will quickly take up this vital bill.
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— Jake Laperruque (@jakelaperruque.bsky.social) February 24, 2026 at 12:22 PM
Republicans have a narrow majority in both chambers of Congress but, due to Senate rules, generally need some Democratic support to send legislation to Trump's desk. However, the GOP could also run into trouble on this issue in the House of Representatives. As Politico pointed out last week:
Ultimately, there's no easy path to pass a clean extension in the House. One of the people with knowledge of the discussions said GOP leaders are "going to have a problem" trying to unite Republicans behind a special "rule" allowing for an up-or-down floor vote on a clean extension, which are typically party-line affairs.
But Republicans also believe that with Trump in office, a number of Democrats who previously supported leaving Section 702 intact will now support putting more fetters on intelligence agencies—making the alternative route, a two-thirds-majority bipartisan vote under suspension of the rules, all but impossible.
The latest Section 702 fight comes as Trump is under fire for his rising authoritarianism, from invasions of US cities targeting immigrants to his sweeping assault on First Amendment rights, including reported federal watch lists to track and categorize US citizens—especially activists and protesters—as "domestic terrorists."
"The FBI cannot afford to have its resources further stretched by a director who views its staff and aircraft as a means to support his jet-setting lifestyle."
A whistleblower is claiming that FBI Director Kash Patel's frequent use of one of the agency's two jets has led to the delay of a high-profile murder probe.
Sen. Dick Durbin (D-Ill.) on Tuesday revealed he had received new whistleblower disclosures related to his investigations into Patel's use of FBI aircraft for personal travel, and he said they showed Patel's decisions regarding the use of FBI planes had delayed investigations not only into the murder of right-wing activist Charlie Kirk but also the November 2025 mass shooting at Brown University.
In the case of Kirk, Durbin said that the FBI shooting reconstruction team's deployment to Utah "was delayed by at least a day because of a bureau plane and pilot shortage caused by the director's personal flights."
Durbin said that he also received information showing how Patel bungled the aftermath of the Brown shooting by putting the FBI's Hostage Rescue Team (HRT) on standby to respond to the incident.
"The director’s decision caused immediate confusion," Durbin said, "because that order was not communicated to HRT; it upended the responsibility typically assigned to the local field office closest to the incident in question—in this case Boston or New York City—to provide immediate support; and it froze the aircraft’s usage by any other FBI team until the director removed the hold."
Durbin then said that the whistleblower described how his team "had to drive from Quantico, Virginia to Providence, Rhode Island overnight during a winter storm to reach the scene by 9:00 am the following morning to immediately process evidence."
Durbin noted he received this information shortly after Patel was seen chugging down a beer in the locker room of the gold medal-winning US men's Olympic hockey team on Sunday, after the director once again used an FBI plane to fly to Milan, Italy.
The Democratic senator said that Patel's trip to Italy could have seriously hampered the FBI's ability to investigate what may have been an assassination attempt on President Donald Trump.
"It also cannot be ignored that the director’s latest personal jaunt occurred on the same weekend an armed intruder attempted to breach President Trump’s Mar-a-Lago residence," Durbin explained. "The man was allegedly carrying a gas can and a shotgun, and he was killed on the scene by law enforcement."
Durbin concluded by saying that "the FBI cannot afford to have its resources further stretched by a director who views its staff and aircraft as a means to support his jet-setting lifestyle."
MS NOW reported that an FBI spokesperson has "disputed" the whistleblower's claims that Patel's decisions had caused delays to investigations, but added that they need to "check into the matter more deeply to gather information."