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Top Democrats refer Noem to DOJ for alleged perjury

- March 16, 2026


The two top Democrats on the House and Senate Judiciary committees are referring outgoing Department of Homeland Security (DHS) Secretary Kristi Noem to the Department of Justice for perjury due to her testimony to congressional committees earlier this month, according to a letter sent to Attorney General Pam Bondi.

Sen. Dick Durbin of Illinois and Rep. Jamie Raskin of Maryland allege that Noem’s statements on a variety of topics including DHS following judges’ orders and a controversial multimillion-dolllar ad campaign “appear to violate criminal statutes prohibiting perjury and knowingly making false statements to Congress.”

In response to the letter, a DHS spokesperson said “Any claim that Secretary Noem committed perjury is categorically FALSE.”

Kristi Noem reacts as she attends the “Shield of the Americas” Summit in Doral, Fla., on March 7, 2026.

Kevin Lamarque/Reuters

A Justice Department spokesperson said, “The DOJ has received the latest political stunt from the Democrats who should instead vote to reopen the Department of Homeland Security.”

President Donald Trump fired Noem the day after her testimony concluded and announced that he was appointing her to a new role as special envoy to the Shield of the Americas, a coalition of Latin American countries the White House says is committed to cooperating with the U.S. in taking on drug cartels and securing the U.S. border. He said he had nominated Oklahoma Republican Sen. Markwayne Mullin to head DHS when Noem’s tenure ended on March 31.

The Democrats allege that Noem misled Congress when she said that DHS had followed court orders while federal judges have ruled a number of times that it had not.

They also cited her testimony over contracts for a $220 million DHS ad campaign and her assertion that Trump had signed off on it. A day later, Trump told Reuters, “I never knew anything about it.” 

“New public reporting, however, indicates that those statements may have been false. It has been reported that not only did the Secretary “handpick” four companies for the ad campaign, but procurement records show the “ad work was awarded using ‘other than full and open competition,'” and the four companies were politically connected to Noem and her allies,” according to the letter. 

Homeland Security Secretary Kristi Noem appears in an advertisement made for the Department of Homeland Security in front of Mount Rushmore in South Dakota.

DHS

Durbin and Raskin also allege Noem misled Congress when she testified that top adviser Corey Lewandowski had “no authority” to make decisions for the department.

“Secretary Noem’s denial of Corey Lewandowski’s role in DHS contract approval may also have been false. It has been widely reported that Mr. Lewandowski asserts approval authority over contracts and grants that exceed $100,000.27 A similar approval process reportedly exists for policy decisions, and as a recently published document shows, Mr. Lewandowski’s signature is visible above Secretary Noem’s on a February 2025 document reversing temporary protected status for Haitians.”

Lewandowski is reportedly leaving his position as a special government employee. He did not respond to ABC News’ request for comment on his future at DHS.

The Democrats also allege Noem made false statements about conditions in ICE detention centers adhering to federal detention standards while ICE internal audits documented “significant failures to meet medical care standards.”

And they say her assertion that ICE did not detain U.S. citizens is false and cited 170 cases of citizens being detained in some cases for days without an opportunity to prove their citizenship.

“Making false statements to Congress, and making false statements under oath, are federal crimes,” the letter says. “While we have low expectations that you will pursue this matter given your partisan weaponization of the Department of Justice, we note that the statute of limitations for perjury and for knowingly and willfully making false statements to Congress is five years.”



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