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.

 

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 South and East 34th Street in Minneapolis. (Photo by Nicole Neri/Minnesota Reformer)

WASHINGTON — The top two Democrats in Congress on Wednesday outlined their proposal for restrictions on immigration enforcement, including body cameras and a ban on masks, though they had no details to share about when actual negotiations would begin.

Lawmakers from both political parties have less than two weeks to find a solution before the stopgap law funding the Department of Homeland Security expires Feb. 13, which could force all of its components, including the Coast Guard and Federal Emergency Management Agency, into a shutdown. However, Immigration and Customs Enforcement still has access to $75 billion in funding included in the massive tax cuts and spending package signed into law last year.

House Minority Leader Hakeem Jeffries, D-N.Y., said the offer that he and Senate Minority Leader Chuck Schumer, D-N.Y., were sending to Republicans was the result of “a very productive discussion.”

“Dramatic changes are necessary at the Department of Homeland Security with respect to its enforcement activities so that ICE and other agencies are conducting themselves like every other law enforcement agency in the country, not in so many instances in a rogue or lawless manner,” Jeffries said. 

Democrats will insist that federal immigration agents: 

• Wear body cameras
• Only wear masks to conceal their identities in “extraordinary and unusual circumstances”
• Do not undertake roving patrols
• Do not detain people in certain locations, like houses of worship, schools, or polling places
• Do not engage in racial profiling
• Do not detain or deport American citizens 

Jeffries said that judicial, as opposed to administrative, warrants should be required “before everyday Americans are ripped out of their homes or snatched out of cars violently.

“The Fourth Amendment is not an inconvenience, it’s a requirement embedded in our Constitution that everyone should follow.”

That amendment states the government shall not violate the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” and that warrants can only be issued with probable cause.  

Administrative warrants are not signed by a judge, but approved by ICE officers themselves. Under U.S. immigration law, ICE also has some authority to conduct warrantless arrests if an immigration officer comes across a person suspected to be in the country unlawfully and believes that person will escape before a warrant can be obtained. 

Accountability measures

Democrats will also press Republicans to agree to what Schumer described as “real accountability.”

“There’s got to be outside, independent oversight by state and local governments, by individuals,” Schumer said. “And there’s got to be a right to sue, there’s got to be a right to go to court and stop this.” 

Schumer criticized Speaker Mike Johnson, R-La., for saying that immigration agents should be able to wear masks, referring to them as “secret police” who need “to be identified more than any other group.”

“I would bet when Speaker Johnson goes down to Louisiana, the sheriffs and the police deputies are well identified, as they are in almost every city,” he said. 

When pressed about Johnson saying Republicans wouldn’t agree to require judicial warrants, Jeffries said the speaker had “articulated unreasonable positions.”

“He’s actually supporting the notion that masked and lawless ICE agents should be deployed in communities throughout America,” Jeffries said. “Mike Johnson called the Fourth Amendment an inconvenience. It’s not an inconvenience. It’s part of the fabric and DNA of our country, just like the First Amendment, yes even the Second Amendment, the 10th Amendment, the Fourth Amendment.

“We’re standing up for all of these constitutional privileges that have been part of who we are since the very beginning.” 

Negotiation timeline

Schumer said during the press conference that Democrats from the House and Senate were prepared to begin negotiations with Republicans, but would insist on changes “to rein in ICE in very serious ways.”

“If they’re not serious and they don’t put in real reform, they shouldn’t expect our votes, plain and simple,” he said.

Schumer appeared somewhat skeptical that Alabama Republican Sen. Katie Britt, whom Senate Majority Leader John Thune, R-S.D., put forward as their top negotiator, was truly empowered to cut a deal on behalf of every GOP senator. 

Britt, chairwoman of the Homeland Security Appropriations Subcommittee, told reporters Wednesday that she expects lawmakers will need to approve another stopgap spending bill for the department, signaling she doesn’t expect a deal within the next two weeks. 

“We need a little more time, so hopefully (Democrats) see the good effort that we’ve made … and we’ll have another CR,” she said, referring to the technical name for a short-term funding bill, a continuing resolution. 

Britt did not say how long that temporary funding measure for the Department of Homeland Security would last.

Any spending bill, whether short or long, will need Democratic support to move through procedural votes in the Senate. 

Congress has approved 11 of the 12 annual funding bills, so DHS would be the only part of the federal government to shut down if lawmakers cannot approve its full-year bill or another stopgap measure before its funding expires.

A border patrol agent stands in front of protestors as people gather near the scene of 26th Street West and Nicollet Avenue, where federal agents shot and killed a 37-year-old man Saturday, Jan. 24, 2026, the third shooting in as many weeks. (Photo by Nicole Neri/Minnesota Reformer)

A Border Patrol agent warned Nicole Cleland last month that she’d be arrested if she were again discovered following and observing federal officers. 

Three days later, the 56-year-old Richfield resident received an email saying her expedited airport security screening privileges had been revoked.

Cleland is a frequent traveler and had held Global Entry and TSA PreCheck status without incident since 2014. So the timing of the notice seemed curious, she said in a sworn declaration filed in support of the American Civil Liberties Union’s lawsuit challenging federal law enforcement tactics in Minnesota. The Border Patrol and Transportation Security Administration are both subdivisions of the U.S. Department of Homeland Security, as is U.S. Immigration and Customs Enforcement.

“Given that only three days had passed from the time that I was stopped, I am concerned that the revocation was the result of me following and observing the agents. This is intimidation and retaliation,” Cleland said in the declaration.  

A year into the second Trump administration’s immigration crackdown, Cleland is one of countless U.S. residents and visitors touched by the federal government’s rapidly changing data collection and surveillance apparatus. Some, like an AI-powered social media analyzer and an error-prone facial recognition tool, evoke dystopian sci-fi. Others, like automatic license plate readers, have been around for decades. 

Elected officials, privacy advocates, and ordinary community members working as constitutional observers are increasingly alarmed that the Trump administration could use these tools to chill constitutionally protected expression, while at the same time pressuring tech companies — many of which have cozied up to Trump in his second term — to make it harder for Americans to keep tabs on their government. 

Senior administration officials haven’t done much to dispel those concerns. Tom Homan, the “border czar” who’s now the face of Operation Metro Surge in Minnesota, said on Jan. 15 that he’s pushing to create a “database” of people who “interfere or impede or assault an ICE officer.” 

Such a database wouldn’t outwardly differ much from the numerous information repositories the federal government already maintains. But its purpose — and, in some cases, the tools used to collect and analyze the data — may prove to be a new frontier in the emerging surveillance state.  

Facial recognition software

The Border Patrol agent who warned Cleland told her his unit had “facial recognition,” according to her deposition.

Reporting by 404 Media and other media outlets indicates that ICE and other federal immigration enforcement agencies use multiple AI-powered facial recognition tools, including Mobile Fortify and Clearview AI. Local law enforcement agencies deputized to work with ICE use a different facial recognition app, Mobile Identify, according to NPR.

DHS has used facial recognition software at airports and land border crossings for years, but its use in the field is a more recent development that civil liberties experts say represents a major expansion of government surveillance. 

Using proprietary algorithms, the tools try to match images captured in the field with data already in DHS databases, including names, birthdates, citizenship status and photos taken at U.S. entry points. DHS says it retains “biographic exit data” on U.S. citizens and permanent residents for 15 years, though it’s unclear whether this applies to images collected in the field as well.

Even before Operation Metro Surge began in earnest, lawmakers sounded alarms about the implications.

“This type of on-demand surveillance is harrowing and it should put all of us on guard,” U.S. Sen. Ed Markey, a Massachusetts Democrat, told NPR in November.

Human analytics apps

ICE also uses AI-powered apps to analyze social media activity and other digital data points to create “life profiles” for people of interest.

The agency has spent at least $5 million on Tangles, a sophisticated tool developed by a company with ties to Israel’s cyber-intelligence community, Forbes reported in September. Tangles mines social media posts, event sign-ups, mobile contacts, location data and more to create nuanced individual portraits and tease out patterns of activity — including organizing and protest — in specific places.

“Our powerful web intelligence solution monitors online activity, collecting and analyzing data of endless digital channels – from the open, deep and dark web, to mobile and social,” Tangles’ Microsoft Marketplace listing says.

The Verge reported in October that ICE has spent a similar amount on another digital monitoring tool called Zignal Labs, which uses AI text and video analysis to process billions of social media posts daily into what it calls “curated detection feeds.” The product includes near real-time alerts. “Sample workflows” featured in a Zignal Labs marketing pamphlet shared with The Lever include “an ongoing operation in Gaza” and a 2023 social media post purporting to show U.S. Supreme Court Justice Brett Kavanaugh at the Mall of America.

Cellular snooping

Since September 2024, ICE has paid more than $1.6 million to a Maryland company that integrates a type of cell-site simulator popularly known as a “stingray” into government vehicles. 

TechCrunch first reported the purchases, which are a matter of public record. It’s unclear how often ICE uses vehicles equipped with stingrays in its operations, but a Utah judge reportedly authorized the agency to use one to track down a specific individual last summer. 

Stingrays trick nearby cell phones into connecting with them instead of legitimate transmitters, collecting reams of random users’ data in the process. That, plus past instances of warrantless snooping, makes them controversial even among law enforcement agencies. Ars Technica reported in 2015 that the FBI required local law enforcement agencies to drop cases rather than reveal evidence in court that “would potentially or actually compromise the equipment/technology.”

ICE is also interested in using — and may already be using — another cell-snooping tool that requires no external hardware. 

Last summer, the independent national security journalist Jack Poulson reported that the agency had reactivated a $2 million contract with the Israeli spyware developer Paragon Solutions. Once delivered via text message — no link required — Paragon’s spyware gains broad access to a phone’s contents, including encrypted messages.

“It’s an extremely dangerous surveillance tech that really goes against our Fourth Amendment protections,” Jeramie Scott, senior counsel at the Electronic Privacy Information Center, told NPR in November.

President Donald Trump signs a government funding bill in the Oval Office of the White House on Feb. 3, 2026. (Photo by Alex Wong/Getty Images)

WASHINGTON — The partial government shutdown that began this weekend ended Tuesday when President Donald Trump signed the funding package that both chambers of Congress approved within the last week. 

“We’ve succeeded in passing a fiscally reasonable package that actually cuts wasteful federal spending while supporting critical programs for the safety, security and prosperity for the American people,” Trump said in the Oval Office.

The House voted 217-214 earlier in the day to clear the package for Trump following a tumultuous couple of weeks on Capitol Hill after it had stalled in the Senate. Democrats demanded additional restraints on immigration enforcement in reaction to the shooting death of a second U.S. citizen in Minneapolis. 

Trump and Senate Minority Leader Chuck Schumer, D-N.Y., reached agreement last week to pull the full-year appropriations bill for the Department of Homeland Security and replace it with a two-week stopgap measure.

That is supposed to give leaders in Congress and the administration a bit of time to find consensus on changes to how immigration officers operate.

Trump did not say if he agreed with any of the proposed changes to immigration enforcement floated by Democrats. 

“I haven’t even thought about it,” Trump said. 

Speaker Mike Johnson, R-La., said during a morning press conference he wants negotiations to address local and state governments that don’t cooperate with federal immigration enforcement activities, often called sanctuary cities. 

“What must be a part of that discussion is the participation of blue cities in federal immigration enforcement,” he said. “You can’t go to a sanctuary city and pretend like the law doesn’t apply there. It does and so we are going to be working through all that.” 

Administrative warrants debate

Johnson said GOP lawmakers would not agree to require federal immigration agents to secure judicial warrants in order to detain people, one of several proposals Democrats have put forward.

“We are never going to go along with adding an entirely new layer of judicial warrants because it is unimplementable,” he said. “It cannot be done and it should not be done and it’s not necessary.” 

Johnson, a constitutional lawyer, said those administrative warrants are “sufficient legal authority to go and apprehend someone.”

When pressed if that type of warrant is enough to enter someone’s home without violating the Fourth Amendment, Johnson said that a “controversy has erupted” over what immigration agents should do when someone they’re trying to detain enters a private residence. 

“What is Immigration and Customs Enforcement supposed to do at that point? ‘Oh gee whiz, they locked the door. I guess we’ll just go on.’ So there is some logic and reason that is to be applied here,” Johnson said. “Some have complained that the force has been excessive or what have you. I don’t know. We’re going to figure that out. It’s part of the discussion over the next couple weeks.”

Johnson said GOP negotiators will also make sure Congress maintains “important parameters” on immigration law and enforcement.  

“We can’t go down the road of amnesty, you can’t in any way lighten the enforcement requirement of federal immigration law,” he said. “That’s what the American people demand and deserve.”

Senators ‘ready to work’

Senate Majority Leader John Thune said during an afternoon press conference that Alabama Sen. Katie Britt, chairwoman of the Homeland Security Appropriations Subcommittee, would lead negotiations for Republicans in that chamber. 

“Katie Britt will lead that on our side, but ultimately, that’s going to be a conversation between the President of the United States and (Senate) Democrats,” Thune, a South Dakota Republican, said. 

During an afternoon press conference, Schumer said that “Thune has to be a part of these negotiations.” 

Schumer said that Democrats are going to detail their proposals to Republicans in the House, Senate and White House.

“If Leader Thune negotiates in good faith, we can get it done,” Schumer said of the Homeland Security funding bill. 

Sen. Patty Murray, D-Wash., who serves as ranking member on the Senate Committee on Appropriations, said Senate Democrats are “ready to work.”

“We have a proposal ready. We’re going to start moving no matter who they (pick) at the end of the day, and the White House needs to be involved,” Murray said.

Sen. Lisa Murkowski, R-Alaska, said there are “a whole bunch” of proposals.

“The House had to do what they had to do … which is great. And what we now have to do is figure out what’s this universe of reforms that we can come to consensus on,” said Murkowski, who issued a statement last week declaring her support for “meaningful reforms” for ICE.

‘Most basic duty’ of Congress

Connecticut Rep. Rosa DeLauro, the top Democrat on the Appropriations Committee, said during floor debate on the government spending package that clearing the legislation was the best way to move into negotiations about immigration enforcement.

“We will be in the strongest possible position to fight for and win the drastic changes we all know are needed to protect our communities — judicial warrant requirements, no more detentions or deportations of United States citizens, an enforceable code of conduct, taking off the masks, putting the badges on, requiring the body cameras, real accountability for the egregious abuses we have seen,” she said.

House Appropriations Committee Chairman Tom Cole, R-Okla., said funding the government “is not an optional exercise, it’s the most basic duty we have in Congress.”

“Shutdowns are never the answer, they don’t work,” he said. “They only hurt the American people. So today lawmakers in this chamber have an opportunity to avoid repeating past mistakes.”

In addition to providing two more weeks of funding for the Department of Homeland Security, the $1.2 trillion spending package holds full-year appropriations bills for the departments of Defense, Education, Health and Human Services, Housing and Urban Development, Labor, State, Transportation and Treasury. The Senate voted 71-29 on Friday evening to send the package to the House.

Congress had already approved half of the dozen annual appropriations bills for the fiscal year that began back on Oct. 1.