Senator Duckworth Raises Alarm Over DHS Secretary's Asserted Power to Terminate OIG Investigations
Senator Tammy Duckworth (D-Illinois) has informed DHS Secretary Kristi Noem that the Department of Homeland Security's (DHS) general counsel warned the agency's independent watchdog, the DHS Inspector General (OIG), about an assertion of power. Secretary Noem claims the authority to unilaterally terminate OIG investigations.
Senator Duckworth Raises Concerns
The DHS OIG's core mission is to provide objective, independent oversight of DHS programs and operations. It aims to promote excellence, integrity, and accountability within the department.
During a recent meeting with DHS Inspector General Joseph Cuffari, Senator Duckworth learned that the DHS general counsel communicated with the OIG on multiple occasions. These communications stated that Secretary Noem possesses the authority to unilaterally end investigations conducted by the OIG.
Furthermore, Senator Duckworth discovered that on January 29, the OIG's office was asked to disclose "every active audit, inspection and criminal investigation." She described this request as "extremely unusual, perhaps even unprecedented."
"This request for all active audits, inspections, and criminal investigations is extremely unusual, perhaps even unprecedented," stated Senator Duckworth.
Senator Duckworth expressed significant concern that these communications from the Office of the Secretary may have compromised the DHS OIG's operational independence. She cited an observed lack of OIG activity following the fatal shooting of U.S. citizen Alex Pretti by Border Patrol agents as an example of potential impact.
Legal Framework and Historical Context
The Inspector General Act of 1978 includes a provision allowing a secretary to prohibit an inspector general from carrying out or completing an audit or investigation. This can only occur if doing so would genuinely harm national security.
However, former Interior Department Inspector General Mark Greenblatt noted the extreme rarity of this provision's use. He stated that, in his experience, this specific power has never been invoked by any federal agency.
The statute mandates that if a secretary does shut down an investigation, Congress must be notified within 30 days. This notification must include the rationale for the decision and whether the Inspector General supported it.
"While IGs routinely notify agency leadership of ongoing audits, notifying a cabinet secretary of ongoing criminal investigations is not standard practice," observed Mark Greenblatt.
Greenblatt also highlighted that while IGs typically inform agency leadership about ongoing audits, sharing details of ongoing criminal investigations with a cabinet secretary is not standard protocol.
DHS Defends Asserted Authority
In response to the concerns, DHS Assistant Secretary Tricia McLaughlin affirmed the department's position. She stated that the federal law granting Secretary Noem this power has been in place for decades.
McLaughlin further commented that if Senator Duckworth and other Democrats disagree with the existing law, they possess the Constitutional authority under Article I to change it.
OIG's Ongoing Oversight Efforts
Despite the internal dispute, the OIG has publicly posted information on its website regarding its current work. The office is actively reviewing the agency's immigration enforcement efforts. This review aims to assess compliance with federal law, adherence to DHS policy, and the protection of civil rights. Key areas of examination include ICE hiring and training, safeguards to prevent the arrest of U.S. citizens, conditions at ICE detention facilities, and the deployment of Border Patrol agents in cities.