WASHINGTON — U.S. Sen. Markwayne Mullin of Oklahoma, the president’s pick to lead the Department of Homeland Security, on Wednesday in his confirmation hearing was challenged with questions about his “anger issues” by the fellow Republican who heads the Senate committee that oversees the department.

Kentucky Republican Sen. Rand Paul, chair of the Committee on Homeland Security and Governmental Affairs, at the outset of the hearing recalled how Mullin called him a “freaking snake” and expressed sympathy for a neighbor who assaulted Paul in a 2017 dispute, breaking six of his ribs and damaging a lung.

“You have never had the courage to look me in the eye and tell me that the assault was justified,” Paul said to Mullin, nominated by President Donald Trump to replace Kristi Noem as secretary of the 260,000-employee agency. “Tell it to my face, if that’s what you believe.”

In a tense back-and-forth, Mullin defended himself and said he never “supported” that Paul was assaulted, but that he “understood” why the neighbor attacked Paul.

“I think everybody in this room knows that I’m very blunt,” Mullin, a former MMA fighter who physically challenged a witness testifying before Congress in 2023, said. 

Paul criticized him and “this machismo that you have” and raised concerns about how Mullin could lead a department and “why (the American public) should trust a man with anger issues to set the proper example for ICE and Border Patrol agents.” 

Noem was ousted from the job after a national uproar over the killing of two U.S. citizens in Minneapolis in January by immigration agents and public disapproval of aggressive enforcement tactics there and in Los Angeles and Chicago.

“I just wonder if someone who applauds violence against their political opponents is the right person to lead an agency that has struggled to accept limits to the proper use of force,” Paul said. 

Mullin did not apologize for his comments regarding Paul’s assault, and said that leading DHS is “bigger than the political differences we have.”

Mullin detailed his plans to senators, pledging to reverse several policies of his predecessor, including making sure “DHS isn’t on the news every day.” 

Mullin also promised to get DHS fully funded and continue to carry out the president’s mass deportation agenda. 

If confirmed, he will have access to a special funding stream of $175 billion for DHS included in 2025’s “one big, beautiful” tax and spending cut package, which Mullin backed as a senator. 

Post-Noem era

Trump shifted Noem, the former governor of South Dakota, into another administration position earlier this month. 

Her tenure drew bipartisan ire over her quick judgment to label the two U.S. citizens killed by immigration agents as domestic terrorists, her stalling of disaster relief grants for states, and the award of a $220 million no-bid contract for an ad campaign to a firm owned by a subordinate’s spouse. 

Paul said the committee plans to vote Thursday on whether to advance Mullin’s nomination to the Senate floor. Trump has said he wants Mullin on the job by the end of the month.

If the Senate confirms Mullin, he would be the first Native American to lead DHS. He is an enrolled member of the Cherokee Nation. 

Senate Majority Leader John Thune, Republican of South Dakota, told reporters Wednesday that he was confident Mullin could be confirmed as Homeland Security secretary. 

“Rand and Markwayne have some personal history which they’re going to have to work through,” Thune said. “But this is about the job, and it’s about who ought to fill that job. We all believe … that Markwayne is the right guy for the job.”

One Democrat already a yes

The junior senator from Oklahoma, who was elected to the Senate in a 2022 special election, does not need any Democratic support to be confirmed to lead the agency, since Republicans control the chamber with 53 seats.

And even without Paul’s support, one Democrat, Sen. John Fetterman of Pennsylvania, who sits on the committee, has already pledged his vote. 

Mullin, if confirmed, will take over a department shut down since early February, after Democrats refused to vote for fiscal year 2026 funding unless changes to immigration enforcement are made following the deaths of the two U.S. citizens in Minneapolis, Renee Good and Alex Pretti. 

The top Democrat on Homeland Security, Gary Peters, pressed Mullin about his previous comments about Good and Pretti. Mullin joined top Trump officials in accusing both of being agitators. 

Mullin admitted his mistake and said he was too quick to judge. 

“I shouldn’t have said that,” Mullin said. “I went out there too fast. I was responding immediately without the facts. That’s my fault. That won’t happen as (Homeland Security) secretary.”

Noem has never admitted she was wrong to label Good, a mother of three and poet, and Pretti, an intensive care unit nurse who specialized in care for veterans, as domestic terrorists. She was criticized by both Democrats and Republicans for her comments.

On Wednesday, Republicans on the panel largely praised Mullin, except for Paul, and criticized Democrats for not approving government funding for DHS.

House Democrats are trying to force a legislative procedure to bring a funding bill for DHS that does not include any appropriations for U.S. Immigration and Customs Enforcement and Customs and Border Protection.

ICE questions

Michigan Democratic Sen. Elissa Slotkin pressed Mullin on reforms he would make to ICE. 

Sen. Richard Blumenthal, Democrat of Connecticut, asked Mullin about an arrest quota of 3,000 immigrants daily that White House senior advisor Stephen Miller, the main architect of the Trump administration’s immigration policy, has set for ICE officers.

“I can’t speak for Stephen Miller,” Mullin said. “No quota has been set for me.”

Blumenthal also pressed Mullin about concerns over violations of the 4th Amendment of the Constitution by federal immigration agents entering homes and businesses without a judicial warrant. 

He asked Mullin if he would “commit that ICE will no longer instruct agents to break into people’s homes without a judicial warrant?”

“Sir, you’re using the word ‘break into’ people’s houses loosely,” Mullin said. “We will not enter a home or place of business without a judicial warrant unless we’re pursuing an individual that runs into a business or resident.”

Blumenthal also addressed Noem’s award of the $220 million no-bid contract, which she was grilled about by unhappy Republicans in a congressional hearing shortly before Trump removed her as secretary of DHS.

Mullin said that he would let the inspector general, an independent agency within DHS, continue with an investigation. 

“I’ll leave that to the (Inspector General),” Mullin said.  

Detention warehouse purchases

Democrats pressed Mullin if he would keep certain policies in place made by Noem, whose last day is March 31, and questioned recent moves by DHS to purchase warehouses across the country for mass detention of immigrants in the country without legal status. 

New Jersey Sen. Andy Kim said a policy from Noem has led to a backlog in Federal Emergency Management Agency relief. Noem instituted a requirement that she had to personally sign off on any FEMA award totaling more than $100,000. 

Kim asked Mullin if he would consider getting rid of that policy.

“Absolutely,” Mullin said. “That is micromanaging.”

Kim also brought up a warehouse recently purchased by DHS in Roxbury, New Jersey, to detain up to 1,500 immigrants that has concerned local community leaders.

“Most municipalities don’t have the capacity and their infrastructure for waste and water” to handle a warehouse that is meant to detain people, Kim said. 

“This town has only 42 foot police officers, a volunteer fire department. Does that sound like the kind of town that has resources to take on a warehouse?” he asked Mullin.

Mullin did not say DHS would stop its warehouse initiative, but said he wanted to make sure that the local communities were on board, and pledged to personally visit that location with Kim to meet with leaders. 

New Hampshire’s Democratic Sen. Maggie Hassan also raised the issue of a warehouse location in her state. DHS initially planned to purchase a warehouse in Merrimack to retrofit the facility to detain immigrants, but backed off.

She asked Mullin if he would “ensure that the plan remains off the table?” 

Mullin said he wasn’t caught up on that specific facility, but that he would work to get the local community’s input.  

More FEMA questions

Fellow Oklahoma Republican Sen. James Lankford asked Mullin how he sees the future of FEMA. The president has expressed his desire to dismantle the agency, and a FEMA review council was formed to issue a report on its findings. 

Mullin said that FEMA should not be considered a first response agency, and that when natural disasters strike, it’s the state response that is first. 

“We can be more effective and be more direct and speed it up,” he said. 

Mullin added that he doesn’t believe FEMA should be dismantled, but that it could be restructured. 

Mullin’s overseas ventures

The top Republican and Democrat on the committee, Paul and Peters, grilled Mullin on his past comments on a 2016 international trip taken while he served in the House. During a Fox News interview, Mullin implied he had been on military missions and could “smell war.” Mullin has not served in the military.

Mullin declined to discuss those comments, arguing that the travel was while he was on official duty and classified. He described those trips as for training purposes.

Peters asked why the trip wasn’t included in his disclosure records to the committee, and Mullin argued that because it was considered official travel, he didn’t need to disclose it.

Paul said he would consider postponing the committee’s vote unless Mullin would agree to visit a secure facility where classified matters are discussed, known as a SCIF, to detail his international travel. 

Mullin said he would go to a SCIF with lawmakers ahead of the committee vote Thursday. 

Jennifer Shutt contributed to this report.

 

Leer in espanol. 

Andrea Pedro-Francisco was supposed to have surgery more than a month ago.

A cyst on her ovary has swelled to nearly the size of a tennis ball and is now at risk of rupturing or cutting off blood supply. The pain is so severe that her doctor prescribed her an opioid.

She’s only received Tylenol or ibuprofen for the pain since she was arrested on her way to work on Feb. 5 in Minnesota and shipped to a Texas detention center, where she’s waiting for a judge to decide whether her detention is even legal.

“I want to be able to go back to my family,” Pedro-Francisco, 23, said in Spanish in a video interview, wearing a navy blue sweatshirt and looking ashen. “I feel sad. I feel tired. I feel desperate to get out of here and see my family again.”

Her case has been taken up by a team of pro bono attorneys and even members of Congress, but to little avail.

Democratic U.S. Rep. Angie Craig, who represents the Twin Cities suburbs where Pedro-Francisco lives, sent inquiries to Homeland Security officials hoping to pressure them to provide adequate medical treatment.

Craig says she’s been stonewalled with demands for various forms and out-of-office messages citing the partial government shutdown. She said she considered flying to El Paso to conduct an oversight visit but the facility is currently in lockdown because of a measles outbreak.

“We are very worried she could have an infection right now … and the Trump administration won’t do a damn thing about it,” Craig said in an interview. “I don’t want Andrea to die.”

ICE did not respond to a request for comment.

Pedro-Francisco is one of 4,000 immigrants the Trump administration says it arrested during Operation Metro Surge — although it has not provided an accounting of all those arrests — with some 3,000 federal agents descending on Minnesota for what the Department of Homeland Security called its largest operation ever.

Many have been ordered released by federal judges who ruled their detentions unlawful. But many others remain languishing in federal facilities across the country even if, like Pedro-Francisco, they have no criminal record and have lived in the United States for years.

While the Trump administration repeatedly claimed to be targeting the “worst of the worst,” the vast majority of those arrested during Trump’s second term have no violent criminal charges or convictions, according to an internal Department of Homeland Security document obtained by CBS News.

Taken on the way to work

Pedro-Francisco left her native Guatemala for the United States with her mother to seek asylum in 2019 when she was 16 years old. They arrived in Minnesota with virtually nothing and debt from the journey.

They quickly built a new life. They found jobs cleaning houses, moved into a house in Burnsville, and joined a church. Pedro-Francisco sings in the choir and plays the bajo, a Mexican bass guitar.

“I came here with my family to do something, to achieve something with my own strength, with my own hands. And after that, they took me away,” Pedro-Francisco said.

Pedro-Francisco was driving to work with her mother and a neighbor one Thursday morning when they were stopped by two unmarked vehicles. One parked in front and the other behind. Half a dozen masked men surrounded them, demanding to see their documents, she said.

She said she doesn’t know why they stopped her. There was no warrant for her arrest.

It could be they ran the license plate and saw a Hispanic name. Or because the federal agents believed three Latina women in a car was reason enough to initiate a stop. A federal judge appointed by President Trump found that Homeland Security has racially profiled Latino and Somali residents and arrested them without probable cause, which while unconstitutional, nevertheless yielded results as the Trump administration pursues mass deportations.

The agents put handcuffs on Pedro-Francisco and her neighbor.

Her mother pleaded with an agent to let her go, telling him there was no one to care for her children. She has two younger children, a 5- and a 1-year old, both U.S. citizens.

“‘Who’s going to take care of my children?’ I asked him,” said Pedro-Francisco’s mother in an interview in Spanish, choking back tears. She was granted anonymity due to her fear of retribution from federal officials.

“Then he said, ‘Okay, we’re going to let you go, but only today … If another group catches you, they’ll take you away.’”

She gave her daughter one last hug, and the agents placed Pedro-Francisco, handcuffed, in the back of the unmarked car.

Within a couple hours she was on a flight to Texas.

‘They treat us like animals’ 

Pedro-Francisco was taken to Camp East Montana, a troubled tent prison on the site of a former World War II detention camp for Japanese Americans at Fort Bliss near El Paso.

It was hurriedly constructed last summer to meet the growing need for detention space after the Trump administration enacted a policy of mandatory detention for many undocumented immigrants, even those who have lived in the country for years with no criminal history.

The detention facility is now ICE’s largest: around 3,000 people packed into long tent structures. Pedro-Francisco says she is kept in a room with around 60 people except for about an hour a day, when they are chained together and taken outside.

“They chain us up as if we had committed a very serious crime,” Pedro-Francisco said. “They treat us like animals.”

The ceiling leaks when it rains. The food is inedible. Pedro-Francisco says she’s lost around 10 lbs.

The crowded conditions have also made it a hotbed of disease, with outbreaks of COVID-19, tuberculosis and the measles.

Three detainees died in the facility in a six-week period, including a man who was suffocated in a struggle with multiple guards. His death was ruled a homicide. Suicide attempts are so common that some guards take bets on which detainee will succeed next, according to a former detainee who spoke to the Associated Press.

With complaints of crowded quarters, medical neglect and poor nutrition mounting, ICE recently terminated the $1.3 billion contract with the company operating the facility, Acquisition Logistics. It had never run an ICE detention facility before — nor did it even have a functioning website.

When Pedro-Francisco arrived in early February, she wasn’t receiving any medication except the occasional Tylenol. The pain in her abdomen became so unbearable that within a couple days she was taken to a hospital, where she says a doctor confirmed the cyst yet declined to operate on her because she’s in immigration custody.

As the weeks have passed, she can feel herself getting sicker.

Instead of medical care, ICE has offered her another solution: self-deport. Every two or three days, she says, ICE officials enter their room to ask people to sign forms agreeing to voluntary removal.

Many have taken it, including a man from Minnesota whose lawyer said he only agreed because he was being denied medication for his diabetes.

“But my purpose, for me, here in the midst of suffering, pain and illness, my purpose is to be able to return to my family,” Pedro-Francisco said.

Caught in red tape and judicial delays

By swiftly transferring Pedro-Francisco to Texas, ICE has made it harder for her and other people arrested in Minnesota to challenge their detention through what’s called a habeas corpus petition. That seems to be by design.

Minnesota U.S. District Judge Donovan Frank wrote that he’s seen a “pattern of obfuscation” with ICE “attempting to hide the location of detainees, and thus, make habeas proceedings more difficult.”

Judges in Minnesota have been in revolt over the Trump administration’s policy of mandatory detention and repeated violations of their orders to release immigrants, even threatening the U.S. attorney with contempt.

While judges in Texas have also largely ruled against the Trump administration, the ultra-conservative 5th Circuit Court of Appeals recently ruled in its favor, making Texas, Louisiana and Mississippi more favorable venues for the administration to defend a policy that contradicts three decades of precedent.

Federal officials have said they simply ran out of space to hold people in Minnesota during an unprecedented surge in arrests.

Approximately 200 people detained in Minnesota have been transferred out-of-state and remain in detention centers across the country — in Texas, New Mexico, Louisiana, Nebraska and Mississippi — according to Sarah Brenes, executive director of the Binger Center at the University of Minnesota Law School and one of the directors of the Minnesota Habeas Project.

By the time Pedro-Francisco was connected with a lawyer, she was already in Texas. Her case was taken up by attorney Asra Syed, managing partner at the Austin law firm Botkin Chiarello Calaf. She was referred to Pedro-Francisco’s case through the informal network of volunteer lawyers that sprung up during Operation Metro Surge.

Syed filed a habeas corpus petition to challenge Pedro-Francisco’s detention on Feb. 13 and mentioned her urgent need for medical attention. While the federal government usually has three days to justify its detention of a person, U.S. Judge Leon Schydlower gave the government more than three weeks from when the petition was filed to respond.

“She doesn’t have a way to get the health care that she needs unless she’s out of detention. And how is she supposed to get out of detention unless the judge rules on the habeas petition quickly?” Syed said.

In the interim, Syed filed two more motions asking the court to speed up Pedro-Francisco’s case and order the federal government to administer her prescribed medications and have her examined by an independent hospital physician. They went unanswered.

Syed also reached out to her representative, Democratic U.S. Rep. Greg Casar, who connected her with Craig. Democratic U.S. Rep. Veronica Escobar, who represents the El Paso area that’s home to the detention center, also got involved.

Syed became hopeful, but she and the congresswomen were quickly moored in ICE’s kafkaesque bureaucracy.

In order to conduct oversight, the congresswomen needed Pedro-Francisco to fill out a form authorizing the visit and for Homeland Security to share information about her. But there is no way for Pedro-Francisco to fill out or mail the form in detention. There’s no commissary to buy envelopes and stamps, Syed said. Pedro-Francisco also can’t sign releases giving her attorneys access to her medical records.

An attorney planned to visit the detention center to get Pedro-Francisco’s signatures in person. Then came the measles outbreak, which has stopped anyone from visiting detainees in person, be they attorneys or members of Congress.

Craig said she reached out to a senior DHS official but received a bounceback citing the partial government shutdown. Congressional Democrats are refusing to support renewing funding for the agency without reforms to what they say are ICE’s unconstitutional tactics.

“It’s just stunning, but not surprising at all, that … even as a congressional office, we haven’t been able to get her the help that she needs and deserves,” Craig said.

Her office has received some information from DHS about Pedro-Francisco’s condition — that they’re giving her an antidepressant and birth control pills.

But that’s at odds with what Pedro-Francisco says she’s receiving. She said she went days without even Tylenol to dull the unbearable pain, and then about a week ago also started receiving a prescription, though she’s unsure what it’s called.

Pedro-Francisco said she was also recently examined by a man in the detention center who conducted an ultrasound. He told her she didn’t have anything and gave her two pills to go to the bathroom, but she doesn’t trust anybody in the facility. She’s requested the man’s name and records of her treatment in detention to show her lawyers but has not received either.

Inadequate medical care and poor record-keeping have been documented repeatedly at Camp East Montana, even by ICE’s own inspectors, who found 60 violations in 50 days.

Pedro-Francisco’s case remains at a standstill. The federal government filed an answer to her habeas corpus petition justifying her detention as an undocumented immigrant “seeking admission,” as if she were just apprehended at the border, and cited the recent 5th Circuit Court of Appeals ruling.

Now it’s up to a judge to decide, though when that will happen is unclear.

“I want to get out of here because I know that at home, where my family is, they can take care of me, and I can go to a doctor,” Pedro-Francisco said.

Madison McVan contributed translation. 

Despite immigration detention numbers receding from recent highs and even as conservative judges are opting to release more detainees by rejecting President Donald Trump’s mass detention policy, tools for detainees to seek release or appeal cases are disappearing. 

A proposed federal rule will make it harder to appeal immigration cases nationally. And a federal appeals court ruling stops immigrants from requesting release on legal grounds in three Southern states if they entered the country illegally, no matter how long they’ve been here. 

As of late January, there were 70,766 people in immigration detention, up from about 40,000 at the start of the second Trump administration, with about 74% having no criminal convictions. (The number of detainees declined to 68,289 as of Feb. 7 amid increasing releases of immigration prisoners by federal judges, even many appointed by the Trump administration.)

This month’s court ruling in the U.S. 5th Circuit Court of Appeals, which affects immigrants held in Louisiana, Mississippi and Texas, is a victory for a new Immigration and Customs Enforcement policy set last July. It requires detention without bond for many immigrants who arrived at the border without permission, even if they had been paroled with a court date. 

It comes as habeas petitions from people claiming illegal detention skyrocket — from a few dozen a week in early 2025 to thousands a week recently, according to a ProPublica report. The largest numbers of cases are in Texas, California, Minnesota, Florida and Georgia. 

Rekha Sharma-Crawford, an immigration attorney in Missouri and second vice president of the American Immigration Lawyers Association, said she believes hundreds of other federal judges disagree with the Feb. 6 appeals court order. 

‘Mandatory detention’

The ruling found that a landmark Clinton-era immigration law, called The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), “unambiguously provides for mandatory detention” for people who crossed the border illegally. 

A dissenting judge, Dana Douglas, wrote that drafters of that law ”would be surprised to learn it had also required the detention without bond of two million people. For almost thirty years there was no sign anyone thought it had done so.” 

Sharma-Crawford said the ruling would likely be challenged, but that it may be too late for people who may give up under the stress of detention, and agree to deportation. 

“I have a client in detention who’s been here [in the United States] 30 years, no criminal history, and has a family,” Sharma-Crawford said in an interview. “In the past the individual would be eligible for a bond hearing and be able to fight their immigration case in due course. These people are not accustomed to being in jail.”  

Homeland Security Secretary Kristi Noem praised the court decision on social media, saying “activist judges have ordered the release of alien after alien based on the false claim that DHS was breaking the law” and said the ruling proved the administration “was right all along.”

Another obstacle for detainees

Similarly, a new rule on the federal Board of Immigration Appeals makes it harder for immigrants to appeal cases like denial of asylum in immigration court.   

Open for comment until it takes effect March 9, the rule shrinks the deadline to appeal a decision to 10 days from 30 days, and the board will automatically deny a case unless a majority of the board votes to hear it.

Immigration attorney Raul Natera of Fort Worth, Texas, who posted a comment critical of the proposed rule, told Stateline it would be a “flat-out assault on due process,” because the Department of Justice could appoint board members who will not vote to hear appeals. Last year the Trump administration fired board members who had been appointed during the Biden administration. 

“Judges can make wrong decisions. If we do not ensure that those decisions can be reviewed, then there is no point to the judicial system in this country,” Natera said.

The Department of Justice argues in its proposed rule that denying appeals in most cases will speed up the process and clear a backlog of immigration cases.

Others disagree. The new rule will increase strain on courts if immigrants can no longer appeal to the Board of Immigration Appeals and instead must file more lawsuits with appeals courts, said Kathleen Bush-Joseph, a lawyer and policy analyst at the non-partisan Migration Policy Institute.

“The federal courts are already buckling under the weight of all these habeas petitions [alleging illegal detention],” Bush-Joseph said. “It’s a huge lift to be litigating all this.”

Sharma-Crawford called both measures a “numbers game” to get deportation numbers up before court challenges can make a difference. 

“All these things don’t happen quickly, and people will suffer while litigation is ongoing,” she said. “How much travesty and injustice is going to occur while the courts grapple with the legality of what the administration is doing?”

Stateline reporter Tim Henderson can be reached at thenderson@stateline.org.

A demonstrator waves a red cloth as hundreds gather after ICE agent Jonathan Ross shot and killed Renee Good through her car window Wednesday, Jan. 7, 2026 near Portland Avenue and 34th Street. (Photo by Nicole Neri/Minnesota Reformer)

Despite the high-profile U.S. Immigration and Customs Enforcement actions in Minnesota, ICE arrests were down slightly in January compared to December, according to new data. 

Immigrant detention nationwide also reached a new high in January, and a growing percentage — nearly three-quarters — of people in detention have no criminal convictions.

ICE arrested 36,579 people in  January compared with December (37,842); the numbers haven’t changed much since October (36,621), according to new estimates from a Syracuse University professor.

The number of people in immigration detention reached 70,766 as of Jan. 24, a new high, according to a different report by Transactional Records Access Clearinghouse, also at Syracuse University.  

The number in detention has gone up steadily from about 40,000 at the start of the second Trump administration, and the latest number is the largest since the organization, known as TRAC, began tracking immigrant detention in 2019. 

Of those detainees 74.2%, or 52,504, had no criminal convictions, up from 70.4% in June.  

“Since the summer, nearly all of the growth in ICE detention has come from people without criminal convictions or charges — an area of tremendous sustained growth that contradicts the Trump administration’s narrative that they are focused on the worst of the worst,” Austin Kocher, a research assistant professor at Syracuse University who researches immigration enforcement, wrote in a substack posting. 

Kocher is a former researcher for TRAC but is no longer associated with the organization and created estimates of monthly arrests based on detention check-ins. 

Detention facilities in Texas had the largest number of detainees, 18,684, followed by Louisiana (8,207), California (6,422), Florida (5,187) and Georgia (4,178) as of Jan. 24. 

Stateline reporter Tim Henderson can be reached at thenderson@stateline.org.