Senate ranking members tell Noem the shutdown violates the Homeland Security Act and demand an accounting

Data/communications

Date
Actor
Sen. Gary C. Peters (Ranking Member, HSGAC), Sen. Patty Murray (Vice Chair, Appropriations), Sen. Richard J. Durbin (Ranking Member, Judiciary)
Type
Data/communications
Section
SUPPLEMENT: DHS DISMANTLED THE CIVIL-RIGHTS AND DETENTION-OVERSIGHT OFFICES THAT HANDLED TRANSGENDER DETAINEE COMPLAINTS

Summary

The joint letter states the senators "believe that you are in violation of" Homeland Security Act § 872 (6 U.S.C. § 452), which bars abolition of statutorily required units and requires 60 days' advance notice to Congress with a rationale before reorganizing, and of § 513 of P.L. 118-47 (carried forward by the FY2025 full-year continuing resolution, P.L. 119-4), which bars using appropriated funds to carry out § 872 absent explicit congressional authorization. It recounts the whistleblower disclosures (approximately 550 abandoned open investigations), the litigation admissions that CRCL's and OIDO's statutory obligations were not being performed, and DHS's reliance on contractors, detailees, and dual-hatted appointees who would "oversee their own components." Among six enumerated demands due July 31, 2025 was item 6: "The rationale for the decision to eliminate public access to previous CRCL reports and recommendations, as well as an explanation of where this information is now housed."

Status

No public DHS response identified. Litigation testimony in December 2025 indicated that congressional correspondence to CRCL and OIDO had gone unanswered or unseen by the acting officials to whom it was addressed.

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Cite this action

Letter from Sen. Gary C. Peters et al. to Kristi Noem, Sec'y of Homeland Sec., U.S. Dep't of Homeland Sec. (July 18, 2025).

Short form: Letter from Sen. Gary C. Peters et al. to Kristi Noem, Sec'y of Homeland Sec., U.S. Dep't of Homeland Sec. (July 18, 2025).