Duckworth Calls Out DHS Secretary Noem for Intimidating, Preventing Oversight Watchdog from Doing its Job as DHS Agents Kill Americans in the Street

[WASHINGTON, D.C.] – U.S. Senator Tammy Duckworth (D-IL) is calling out U.S. Department of Homeland Security (DHS) Secretary Kristi Noem for making thinly veiled threats to invoke a never-used authority that is effectively a kill switch to prevent or end any DHS Office of Inspector General (OIG) investigation. Duckworth expressed alarm that Noem’s implied threats are intimidating this government watchdog into inaction, given the DHS OIG’s failure to conduct independent investigations into the killings of Renee Good and Alex Pretti, despite DHS OIG regularly investigating such use of force incidents. The Senator’s concerns come after her meeting with DHS IG Cuffari where she sought further explanation for why her request for an independent investigation was denied. In the meeting, Duckworth learned that the DHS General Counsel, who officially reports to Secretary Noem, has communicated multiple times with DHS OIG personnel to “remind” them that Secretary Noem has the power to prevent or halt any independent DHS OIG investigation—a seemingly implicit threat made to prevent them from investigating potential abuses by Trump’s DHS. If true, the DHS’s actions undermine the independence of DHS OIG as well as its ability to protect the American people from this Administration’s abuses.

“I fear that repeated tacit threats from your Office of the Secretary to DHS OIG may have already succeeded in weakening DHS OIG’s operational independence—as evidenced by DHS OIG’s unusual lack of activity and engagement in the days that followed the fatal shooting of U.S. citizen Alex Pretti by Border Patrol agents,” wrote Duckworth in a letter to Secretary Noem. “DHS OIG’s failure to expeditiously initiate a use of force investigation was particularly notable given its past work regularly conducting such investigations of Border Patrol use of force, and the significant public outcry and growing bipartisan calls for such an independent investigation.”

These concerns also come after Duckworth pushed the DHS OIG multiple times to enhance its oversight of Trump’s DHS agents as they continue a pattern of unprecedented brutality across Illinois, Minnesota and beyond. In her letter, Duckworth noted how the section of U.S. Code that the DHS General Counsel “reminded” DHS OIG of—which effectively gives Secretary Noem the power to prevent or stop OIG investigations—has never been invoked, or even threatened to be invoked, by any DHS Secretary in American history. Duckworth also expressed alarm that DHS appears to have doubled down on this implicit threat by also making a highly unusual and unprecedented demand that DHS OIG disclose to Noem every active audit, inspection and investigation—including ongoing criminal investigations.

“Since meeting with Inspector General Cuffari, I suspect the DHS OIG’s odd inaction may be explained by the unprecedented and improper actions of the DHS General Counsel,” continued Duckworth. “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.”

To ensure Secretary Noem is not successfully intimidating DHS OIG from doing its job and performing independent investigations into DHS agent use of force incidents, Duckworth is requesting the release of all emails and documents between DHS and DHS OIG related to this matter.

Duckworth is also seeking a commitment from Noem that she will never threaten to invoke 5 U.S.C. §417 and more.

For months, Duckworth has been pushing to require independent investigations from DHS OIG into Trump’s agents’ excessive and deadly uses of force against the American people:

0. October 17, 2025: In the wake of Operation Midway Blitz, Duckworth sent a letter to DHS and DOJ OIG calling for a joint task force to conduct independent investigations into Trump’s agents’ pattern of abuse against citizens of Illinois.
1. November 7, 2025: After Trump’s armed agents violently tore a teacher out of a Chicago daycare center in front of preschoolers, Duckworth sent another letter to DHS and DOJ OIG reiterating the need for an investigative joint task force.
2. January 21, 2026: After Trump’s agents in Minneapolis executed Renee Good in the street, Duckworth sent a letter reiterating and broadening her request for a joint task force to investigate the disturbing pattern of violent behavior by Trump’s agents in Chicago, Minneapolis and across the country.
3. January 23, 2026: DHS OIG shamefully denied Duckworth’s request for a joint investigative task force, just two days before Trump’s violent agents in Minneapolis executed U.S. Department of Veterans Affairs (VA) ICU nurse Alex Pretti in broad daylight.
4. January 25, 2026: Duckworth announced she will seek to force independent investigations by DHS OIG into Trump’s agents’ excessive and deadly uses of force against Americans through an amendment to the DHS Appropriations Act.
5. January 26, 2026: Duckworth sent a new letter to DHS and DOJ OIG requesting an investigative joint task force after the deadly shooting of Alex Pretti.

A copy of the letter can be found below and on Senator Duckworth’s website:

Dear Secretary Noem: I write to express extreme alarm regarding the U.S. Department of Homeland Security (DHS) implicitly threatening the independence of the DHS Office of Inspector General (DHS OIG) by repeatedly reminding DHS OIG of an obscure authority—that has never been invoked in the history of DHS—that effectively empowers you to unilaterally prevent or kill any DHS OIG investigation, inspection or audit, and demanding that the DHS OIG provide you with a list of every active inspection, audit and investigation, including ongoing criminal investigations.

I fear that repeated tacit threats from your Office of the Secretary to DHS OIG may have already succeeded in weakening DHS OIG’s operational independence—as evidenced by DHS OIG’s unusual lack of activity and engagement in the days that followed the fatal shooting of U.S. citizen Alex Pretti by Border Patrol agents. DHS OIG’s failure to expeditiously initiate a use of force investigation was particularly notable given its past work regularly conducting such investigations of Border Patrol use of force, and the significant public outcry and growing bipartisan calls for such an independent investigation—which included support from the Senate Majority and Minority Leaders.

As you are aware, DHS OIG criminal investigators regularly conduct independent investigations into Border Patrol agent use of force incidents. As DHS Inspector General Joseph Cuffari informed my office, DHS OIG criminal investigators possess direct experience and expertise conducting independent use of force investigations regarding Border Patrol agents, and DHS OIG is better suited to conduct such investigations compared to U.S. Customs and Border Protection’s Office of Professional Responsibility, or any other DHS component, since DHS OIG criminal investigators are, at least in theory, independent of DHS.

Following my multiple requests to DHS OIG for enhanced oversight and investigations that began during Operation Midway Blitz in October 2025, I met with Inspector General Cuffari to demand an explanation as to why the DHS OIG refused to act on my request for proactive investigations of all use of force incidents related to the Trump administration’s aggressive and violent mass deportation operations.

Since meeting with Inspector General Cuffari, I suspect the DHS OIG’s odd inaction may be explained by the unprecedented and improper actions of the DHS General Counsel—who officially reports to you, the Deputy Secretary of Homeland Security and potentially, Special Government Employee Corey Lewandowski.

Specifically, your General Counsel communicated with DHS OIG personnel, including through at least one email, and reminded DHS OIG of the existence of section 417 of title 5, United States Code (5 U.S.C. §417). This broad authority effectively empowers you to select from a broad range of pretextual options to unilaterally prevent or halt any “independent” DHS OIG investigation, regardless of your true intent for interfering with the work of an office that Congress authorizes and funds to serve as an independent watchdog over all DHS programs.

While 5 U.S.C. §417 appears to be contrary to the letter and spirit of the Inspector General Act of 1978, this matter has never caused controversy, because since DHS’s creation over two decades ago, no Secretary has ever invoked, or even threatened to invoke, 5 U.S.C. §417, to stop or halt a DHS OIG investigation.

My understanding is your General Counsel carefully worded at least one email to avoid explicitly threatening the DHS OIG with invocation of 5 U.S.C. §417. However, 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.

In addition, your General Counsel, in a recent communication, again reminded DHS OIG of the existence of 5 U.S.C. §417—which is effectively your DHS IG investigation kill switch—and demanded DHS OIG disclose every active audit, inspection and criminal investigation—the latter demand representing an extremely unusual, perhaps even unprecedented request. Such an invasive fishing expedition by the DHS General Counsel appears to pave the way for you to begin shutting down DHS OIG investigations.

To ensure you are not successfully intimidating Inspector General Cuffari from performing independent investigations into Border Patrol agent use of force incidents, particularly the shootings that resulted in the murder of Alex Pretti and the fatal shooting of Renee Good by a U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations officer, I request the following:

• Public confirmation that you did not intend to seek, nor are seeking to, invoke 5 U.S.C. §417 to take any action related to forthcoming, ongoing or completed DHS OIG investigations, inspections, audits or other activity;

• A detailed explanation as to why your General Counsel communicated with DHS OIG about 5 U.S.C. §417 on multiple occasions, including whether you, the Deputy Secretary or Mr. Lewandowski, directed, instructed, ordered or merely suggested that the General Counsel take such action;

• A clear retraction of the DHS General Counsel request for a list of all active DHS OIG investigations, inspections and audits

• All documents related to any communications between the DHS General Counsel or any other DHS official or Special Government Employee and the DHS OIG related to 5 U.S.C. §417;

• All documents related to any discussions within the Office of the Secretary regarding 5 U.S.C. §417; and

• A public commitment that, consistent with every single one your predecessors, you will neither invoke, nor threaten to invoke, 5 U.S.C. §417, and will request Congress amend this (never used) broad authority to either repeal or significantly limit it.

Thank you in advance for your prompt attention to this urgent oversight inquiry. I request that you provide written responses and covered documents in a timely manner, on a rolling basis and no later than February 13, 2026. If you have any questions about this matter, please do not hesitate to contact me

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