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"Secretary Noem made a series of demonstrably false statements in a brazen attempt to undermine critical congressional oversight of the Department of Homeland Security."
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.
One day, Kristi Noem won’t have Trump to hide behind.
She will be held accountable for the terror she and her employees have unleashed on the American people. pic.twitter.com/qVbz8Rd7Jy
— Rep. Becca Balint (@RepBeccaB) March 4, 2026
"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."
"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."