(WASHINGTON) — Homeland Security Secretary Kristi Noem came under fire from House Democrats while testifying before the House Homeland Security Committee on her department’s 2026 budget on Wednesday.
The hearing quickly turned to immigration and featured back-and-forths with Democrats on the committee, with ranking member Bennie Thompson, D-Miss., telling Noem that under her leadership, it is a “sad day for DHS.”
“Frankly, I’ve never seen anything like this that served as a lead Democrat on this committee. Even when, madam secretary, my Republican colleagues and I had strong disagreements, we still have productive conversations and did our duty keep America safe. But that’s not the case any longer,” Thompson told Noem, adding that he is glad that Noem “found time among your many photo ops and costume changes to testify.”
“On your watch, the department is breaking the law, it’s hurting people, and it’s making America less safe,” he added. “The Trump administration is outright lying to the courts and the American people.”
Noem was asked about what occurred last week in New Jersey as three members of Congress attempted to gain access to Delany Hall, a private detention center that is holding ICE detainees, and testified that it was “lawless.” The incident outside the detention center resulted in a melee and ended with the Newark Mayor Ras Baraka, a Democrat who is also running for New Jersey governor, getting arrested.
“We have footage of those members of Congress slamming their bodies into our law enforcement officers, shoving them screaming profanities in their faces, striking them with their fists and otherwise assaulting law enforcement,” Noem testified. “The behavior was lawlessness, and it was beneath this body. Members of Congress should not break into detention centers or federal facilities. Had these members requested a tour, we certainly would have facilitated a tour.”
Delany Hall falls under the purview of the Department of Homeland Security and U.S. Immigration and Customs Enforcement, and the members of Congress argued they had a right to conduct lawful “oversight” on the facility through their congressional responsibilities.
“They were cooperating with criminals to create criminal acts. This wasn’t oversight. This was committing felonies,” Noem said earlier this week on Fox News. “This was going out and attacking people who stand up for the rule of law, and it was absolutely horrible.”
Later in the hearing, Rep. Seth Magaziner, D-R.I., slammed Noem for what he said was a lack of access to legal counsel.
“You are deporting children with cancer, children who are U.S. citizens, a gay makeup artist who committed no crime and didn’t even enter the country illegally,” Magaziner told Noem. “Instead of focusing on real criminals, you have allowed innocent children to be deported while you fly around the country playing dress-up for the cameras.”
Meanwhile, Noem and House Republicans highlighted what she called “total operational control” of the southern border. Noem said she doesn’t know how many immigrants lacking legal status to be in the U.S. were released into the country during the Biden administration and touted that the Trump administration has focused on fixing the border crisis.
“We truly don’t have any idea how many dangerous individuals are still in the United States of America. Since President Trump has been in office, just in these few short months, we have deported over 250 known terrorists out of the country,” she said.
Noem was also pressed on whether everyone ICE has arrested has received due process — and she answered yes, through the tools that Congress has given it, arguing that expedited removal is a tool that Congress has allowed.
Later in the hearing, the DHS chief was asked about suspending habeas corpus, which ensures people are not unjustly detained or imprisoned, and whether it falls under the constitutional guidelines that a president can suspend it.
“I’m not a constitutional lawyer, but I believe it does,” Noem said, adding that it isn’t her authority to do so. “Well, this is something that’s not in my purview to weigh in on. This is the president’s prerogative, and he has not indicated that they will or will not be taking action.”
Stephen Miller, the deputy chief of staff, has floated this idea.
Sparking a contentious back-and-forth, Rep. Eric Swalwell, D-Calif., showed Noem a picture of Kilmar Abrego Garcia’s hand that appeared to have the letters MS-13 on his hands to represent what the tattoos mean.
Noem would not answer the question as to whether the photo was edited or manipulated to put the letters on his knuckles, and she appeared to avoid analyzing the photo.
“You won’t look at the photo, and we will not be bringing was it doctored or not in staying here, and you look to your right, the photo in front of madam secretary,” Swalwell said. “Can you look to the right at the photo in front of you?”
“And the letters MS and the numbers 13 — are those doctored or not?” he asked.
“I don’t have any knowledge as to this photo,” she said, adding it is “unbelievable” that Swalwell wanted to focus on Abrego Garcia.
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