DHS implies it will stop certain oversight investigations, senator alleges

A Democratic senator on Feb. 5 accused the Homeland Security Department of threatening to halt watchdog inquiries into immigration-related operations. 

Sen. Tammy Duckworth, D-Ill., in a letter to DHS Secretary Kristi Noem alleged that the department’s general counsel repeatedly informed officials in DHS’ inspector general office about a provision of current law that authorizes the secretary to halt an audit or investigation for certain reasons, including to prevent the disclosure of sensitive information or protect national security. 

“A reasonable observer would interpret your general counsel transmitting a ‘reminder’ email to the DHS OIG citing 5 U.S.C. §417 — unprompted and seemingly out of nowhere — as a clearly implied, unspoken threat to discourage DHS OIG from conducting any investigations into sensitive or controversial matters, particularly where you or your direct reports may have engaged in waste, fraud or abuse,” Duckworth wrote in the letter, which was publicized on Feb. 6. 

The senator wrote that she became concerned about this issue after a Jan. 29 meeting with DHS IG Joseph Cuffari and that no DHS secretary has ever invoked this authority. The IG is required to notify Congress within 30 days if the secretary takes such an action. 

On Feb. 2, more than 40 Democratic lawmakers requested that Cuffari expedite the OIG’s reviews of Immigration and Customs Enforcement’s and Customs and Border Protection’s operations, including an inquiry into whether ICE appropriately investigates allegations of excessive use of force and holds agents accountable. 

Scrutiny of DHS increased following the January killings of immigration protestors Alex Pretti and Renee Good in Minneapolis by federal officers. 

Duckworth also alleged in the letter to Noem that the DHS general counsel asked the OIG to report every ongoing audit, inspection and criminal investigation. 

“Such an invasive fishing expedition by the DHS general counsel appears to pave the way for you to begin shutting down DHS OIG investigations,” Duckworth wrote. 

The senator requested that, by Feb. 13, Noem retract the request for a list of active OIG reviews, commit to not halt any investigation and explain why the DHS general counsel communicated with the OIG about the secretary’s authority to stop inquiries. 

DHS in a statement, however, emphasized that Noem maintains that authority under federal law. 

“Senator Duckworth is arguing that a Senate-confirmed cabinet secretary shouldn’t use an existing section of federal law because she doesn’t think it should exist,” said Assistant Secretary Tricia McLaughlin in a statement to Government Executive. “If Senator Duckworth and her fellow Democrats do not like the law that Congress already passed, they — as members of Congress — have full constitutional authority under Article I to change the law and assuage their own concerns.” 

In 2024, a committee of agency IGs and other federal investigative officials substantiated allegations that Cuffari abused his authority and engaged in substantial misconduct, which mostly dealt with an outside investigation into former employees who questioned his qualifications. 

The panel recommended that the president take “appropriate action, up to and including removal” against Cuffari, who was confirmed during Donald Trump’s first term, but Joe Biden did not discipline him.