Homeland Security Secretary Kristi Noem testifies before the Senate Homeland Security and Governmental Affairs Committee on Tuesday, May 20, 2025. (Screenshot from committee webcast)

WASHINGTON — U.S. Department of Homeland Security Secretary Kristi Noem Tuesday was grilled by senators on the Homeland Security and Governmental Affairs Committee about funding estimates for a barrier along the southern border, as well as concerns about the Trump administration’s adherence to due process in immigration enforcement.

Noem was sharply criticized by Democrats for her answers to questions about habeas corpus, which they said she did not define correctly. “Habeas corpus is a constitutional right that the president has to be able to remove people from this country,” Noem said before she was cut off by Democratic Sen. Maggie Hassan of New Hampshire, who had asked her for a definition.

“That’s incorrect,” Hassan said. “Habeas corpus is the legal principle that requires that the government provide a public reason for detaining and imprisoning people. If not for that protection, the government could simply arrest people, including American citizens, and hold them indefinitely for no reason.”

As for the cost of President Donald Trump’s border plans, even Republicans expressed doubts.

“I know the wall is (of) great symbolic value, but I think we should reassess the cost,” Republican Chair Rand Paul of Kentucky said about the House’s reconciliation package, which calls for $46 billion in border wall funding.

Noem appeared before the committee to discuss President Donald Trump’s fiscal year 2026 budget request for Congress along with the border security provisions in the reconciliation package. Congressional Republicans are using reconciliation — a special procedure that skirts the Senate’s 60-vote filibuster — to put together one bill to fulfill Trump’s priorities on border security, tax cuts, energy policy and defense.

“The border crisis is the biggest problem that was facing our country, and it was one that was imperative to fixing for our nation’s future,” Noem, the former governor of South Dakota, said. “We’re solving this crisis at a record pace, and we have delivered the most secure border in American history.”

Senate Democrats pressed Noem about DHS spending, noting that she is on track to run out of funding by mid-July, and her agency’s immigration crackdown that has led to expensive immigration enforcement.

The top Democrat on the panel, Sen. Gary Peters of Michigan, noted that detaining migrants at the Guantanamo naval base costs as much as $100,000 a day, compared to $160 a day at a U.S. Immigration and Customs Enforcement facility. 

“I think that’s kind of outrageous,” Peters said. “I’m concerned by the staggering cost of this, and I would hope, Secretary (Noem), you could commit to providing this committee a detailed breakdown of the total cost of that operation there.”

Noem said she would get the cost breakdown for him. 

Questions about habeas corpus

Several Senate Democrats, including Hassan, Andy Kim of New Jersey and Elissa Slotkin of Michigan, questioned comments from senior White House officials such as Stephen Miller, who has said discussions about suspending habeas corpus were underway.

Habeas corpus allows people in the U.S. who believe they are being unlawfully detained to petition for their release in court, and it can be used to challenge immigration detention.

The U.S. Constitution in allowing for habeas corpus to be suspended says “in Cases of Rebellion or Invasion the public Safety may require it.” That provision is within Article I of the Constitution, which covers the functions of the legislative branch, or Congress.

Habeas corpus has only been suspended four times in U.S. history, during the Civil War; in almost a dozen South Carolina counties that were overrun by the Ku Klux Klan during reconstruction; in a 1905 insurrection in U.S. territories in the Philippines; and after the Pearl Harbor bombing in Hawaii.

Slotkin told Noem she was concerned by her response that she believes the president has the right to suspend habeas corpus.

“You sat here in front of all of us and swore an oath to the Constitution,” Slotkin said to Noem, adding that if the president were to suspend habeas corpus, it would be a “complete overreach.”

“It is a right that we all get, that American citizens get, that people who are in the United States legally have,” Slotkin said.

Kim asked Noem, a former member of the U.S. House, if she knew what section of the Constitution allows for the suspension of habeas corpus and which article it’s under.

Noem did not know the answer to either question.

“It’s in Article I,” Kim said. “Do you know which branch of government Article I outlines the tasks and the responsibilities for?”

Noem said Congress. She then argued former President Abraham Lincoln suspended habeas corpus.

Lincoln suspended habeas corpus between Washington, D.C., and Philadelphia because of the Civil War and initially did so without congressional approval. He later called Congress back into session to get congressional approval for it.

Reality show with competing immigrants

Democratic Sen. Richard Blumenthal of Connecticut asked Noem if DHS was considering hosting a reality show that would make immigrants compete for citizenship, according to multiple media reports.

Noem vehemently denied that DHS was looking at it.

“There may have been something submitted somewhere along the line, because there are proposals pitched to the department, but me and my executive team have no knowledge of a reality show, and it’s not under consideration,” she said.

Kim pressed Noem about the recent confrontation between House lawmakers and immigration officials at Delaney Hall in his home state of New Jersey.

Three New Jersey Democratic members – Reps. Bonnie Watson Coleman, LaMonica McIver and Rob Menendez — were in Newark protesting the reopening of Delaney Hall, an immigrant detention center.

The mayor of Newark, Ras Baraka, who was also protesting, was arrested.

The Trump administration Monday levied two felony charges against one of those members, McIver, accusing her of assaulting officers during Baraka’s arrest.

Kim said he was concerned about the incident and asked Noem if she was aware that members of Congress do not need prior notice to conduct oversight at DHS facilities.

Members of Congress are allowed to conduct oversight visits at any DHS facility that detains immigrants, without prior notice, under provisions in an appropriations law.

Noem accused the three House members of “storming” the facility.

“We give tours when members of Congress ask for it, we just ask that they not be politicized,” she said.

Prep for big sporting events

Florida GOP Sen. Rick Scott and Rand Paul asked Noem about how prepared DHS is for providing security to big sporting events such as the Super Bowl and soccer’s World Cup.

Scott wanted to know how security preparations for the 2026 World Cup, which includes games in Miami, are going.

Miami is one of 11 U.S. cities hosting the World Cup. The others are Atlanta; Boston; Dallas; Houston; Kansas City, Missouri; Los Angeles; the San Francisco Bay area; the New York and New Jersey metropolitan area; Philadelphia; and Seattle.

“We are working diligently with FIFA and other entities to ensure that cities and states have the assets that they need. This will be an unprecedented world event,” Noem said. “It will be taking place in three different countries and many cities across our country, but also Mexico and Canada, and it will take place over a month.”

The World Cup, which first began in the 1930s, is typically held in one country every four years. The last time two countries hosted the month-long event was in 2002, with Japan and South Korea.

Paul asked Noem if the NFL or FIFA, international soccer’s governing body, ever paid DHS for its security measures.

Noem said no.

“Here’s my point,” Paul said. “The NFL makes billions of dollars. These people ought to pay. I mean, it’s ridiculous that the average taxpayer could never afford to go to an NFL Super Bowl, (and) has got to pay for their security.”

The U.S. Supreme Court on Oct. 9, 2024. (Photo by Jane Norman/States Newsroom)

WASHINGTON — The U.S. Supreme Court said Monday it will allow, for now, the Trump administration to terminate temporary protections for a group of 350,000 Venezuelans, striking down a lower court’s order that blocked the process.

The order still means the group of Venezuelans on Temporary Protected Status — a designation given to nationals from countries deemed too dangerous to return to remain in the U.S. — will be able to continue to challenge in court the end of their work permits and the possibility of removal. But they no longer have protections from deportation. 

No justices signed onto the ruling, which is typical in cases brought before the high court on an emergency basis, but liberal Justice Ketanji Brown Jackson noted she would have denied the request.

TPS status for that group of Venezuelans — a portion of Venezuelans living in the United States, not all of them — was set to end on April 7 under a move by the Trump administration.

But U.S. District Judge Edward Chen of the Northern District of California in March blocked Department of Homeland Security Secretary Kristi Noem’s decision to vacate an extension of TPS protections that had been put in place by the Biden administration until October 2026.

The case is now before the 9th Circuit Court of Appeals.

Chen, who was appointed by former President Barack Obama, blocked the Trump administration from removing protections for that group of Venezuelans on the basis that Noem’s actions were “arbitrary and capricious,” and potentially motivated by racism.

“Acting on the basis of a negative group stereotype and generalizing such stereotype to the entire group is the classic example of racism,” Chen wrote in his order.

Noem cited gang activity as her reason for not extending TPS for the group of 350,000 Venezuelans, who came to the United States in 2023.

A second group of 250,000 Venezuelans who were granted TPS in 2021 will have their work and deportation protections expire in September. Chen’s order did not apply to the second group of Venezuelans.

Those with TPS have deportation protections and are allowed to work and live in the United States for 18 months, unless extended by the DHS secretary.

Democrats criticized Monday’s decision, including Colorado Sen. Michael Bennet.

“Ending protections for Venezuelans fleeing Maduro’s regime is cruel, short-sighted, and destabilizing,” he wrote on social media.

Rep. Pramila Jayapal, Democrat of Washington state, wrote on social media that Venezuelans “face extreme oppression, arbitrary detention, extrajudicial killings, and torture — the exact type of situation that requires our government to provide TPS.”

Monday’s order is one of several immigration-related emergency requests from the Trump administration before the Supreme Court.

Last week, the high court heard oral arguments that stemmed from an executive order signed by President Donald Trump to end the constitutional right to birthright citizenship.

And justices in a separate case, again, denied the Trump administration from resuming the deportations of Venezuelans under an 18th-century wartime law known as the Alien Enemies Act. 

Maryland Democratic U.S. Rep. Glenn Ivey, who represents the district where Kilmar Abrego Garcia and his wife live, led the chant “bring him home” outside the U.S. District Court for the District of Maryland shortly before a hearing in Abrego Garcia’s case on Friday, May 16, 2025. (Photo by Ariana Figueroa/States Newsroom)

GREENBELT, MARYLAND — A federal judge said Friday the Trump administration has “pretty broadly” invoked the state secrets privilege to withhold information on its efforts — or, the judge indicated, a possible lack of effort — to return a wrongly deported Maryland man from a prison in El Salvador.

President Donald Trump’s administration moved last month to invoke the so-called state secrets privilege to shield information about its process to facilitate the return of Kilmar Abrego Garcia to the United States after a top immigration official admitted his removal to a prison in El Salvador was an “administrative error.”

The judge handling the case, U.S. District Judge Paula Xinis, granted an expedited discovery process after she found last month that “nothing has been done” by the administration to return Abrego Garcia.

She did not make a public order regarding the state secrets privilege Friday afternoon before closing her courtroom to the public to discuss sensitive matters with attorneys for Abrego Garcia and the Department of Justice.

The state secrets privilege is a common-law doctrine that protects sensitive national security information from being released. The Trump administration has argued the need to invoke it in this case to protect diplomatic relationships.

‘He’ll never walk free in the United States’

During the public portion of Friday’s hearing, Xinis pressed the Department of Justice attorneys about Homeland Security Secretary Kristi Noem’s comment that Abrego Garcia “will not return” to the U.S.

“That sounds to me like an admission that your client will not take steps to facilitate the return,” Xinis said. “That’s about as clear as it can get.”

DOJ attorney Jonathan D. Guynn disagreed and said the Trump administration is complying with court orders. He said Noem’s comment meant that if Abrego Garcia was back in U.S. custody he would be removed either to another third country or back to El Salvador.

“He’ll never walk free in the United States,” Guynn said.

He added that the Trump administration is “currently complying and we plan to comply.”

Xinis said she disagreed, and then she clashed with Guynn over the legality of Abrego Garcia’s removal.

Guynn said that he was lawfully deported.

Xinis answered that she found months ago that Abrego Garcia was unlawfully detained and removed from the U.S.

Few documents produced

One of the attorneys for Abrego Garcia, Andrew J. Rossman, said the Trump administration has invoked the state secrets privilege for 1,140 documents relating to the case. From that request, Rossman said his team received 168 documents, but 132 were copies of court filings and requests made by him and his team.

Xinis seemed visibly stunned by Rossman’s report and had to clarify that his team had only received 36 new documents, which Rossman confirmed.

Rossman said that none of the documents for which the government is invoking the state secrets privilege are classified.

“There’s ways to do this right, and they haven’t done it,” he said, noting that he has attorneys on his team who have security clearances and can review classified and sensitive information.

Rossman said that he and his team are seeking answers to three questions: the status of Abrego Garcia, what steps the Trump administration has taken, if any, to facilitate his return, and the steps the federal government will take, if any, to comply with court orders.

Guynn said the Trump administration received an update from El Salvador on Thursday that Abrego Garcia was in “good health” and had “even gained weight.”

The U.S. Supreme Court ordered that the Trump administration must “facilitate” the return of Abrego Garcia.

Rossman, said that it’s “deeply disturbing” that administration officials, including the president, have made public statements that contradict court orders directing the government to return Abrego Garcia to the U.S.

President Donald Trump has said he could easily pick up the phone and order El Salvador to return him but won’t because he believes Abrego Garcia is a member of the MS-13 gang.

Noem was pressed at a May 14 congressional hearing about a photo that appears altered to add letters across Abrego Garcia’s knuckles to indicate his inclusion in the gang. She said she was unaware of it.

A federal judge in the District of Columbia, in a separate case regarding Trump’s use of an archaic wartime law for deportations, questioned Department of Justice attorneys on the president’s claim that he could order Abrego Garcia to be returned. The attorney admitted that the president sometimes overstates his influence abroad.

El Salvador prison

Abrego Garcia has had protections from deportation since 2019, but he was one of nearly 300 men on three mid-March removal flights to a notorious prison in El Salvador known as CECOT.

Abrego Garcia has been moved to a lower security prison, according to Maryland Democratic Sen. Chris Van Hollen, who traveled to the country last month to meet with Abrego Garcia and inquire with Salvadoran officials about why he is being held there.

Those officials said Abrego Garcia was being held because of the agreement between the United States and El Salvador.

The U.S. has a $15 million agreement with El Salvador’s government to house immigrants removed from the U.S., mostly Venezuelans removed under the wartime law, the Alien Enemies Act of 1798.

The Trump administration has argued that Abrego Garcia is a national of El Salvador and in that country’s custody and the U.S. cannot force another government to return him. 

Hours before Friday’s hearing, dozens of protestors gathered outside the court, calling for Abrego Garcia to be returned to the U.S., as well as criticizing the Trump administration’s immigration crackdown. 

U.S. Rep. Glenn Ivey, who represents the area in Maryland where Abrego Garcia and his family live, appeared outside the court and led chants calling for the release of Abrego Garcia from El Salvador.

“The president has to obey the orders of the Supreme Court,” Ivey said. “The Supreme Court has spoken here, and it’s time for him to follow it and bring him home.”

U.S. Homeland Security Secretary Kristi Noem delivers remarks to staff at the Department of Homeland Security headquarters on Jan. 28, 2025, in Washington, D.C. (Photo by Manuel Balce Ceneta-Pool/Getty Images)

WASHINGTON — U.S. Department of Homeland Security Secretary Kristi Noem Wednesday harshly criticized three Democrats who were accosted by federal immigration officials while protesting the opening of an immigrant detention center in New Jersey.

Democrats at the hearing of the House Homeland Security Committee in turn said Immigration and Customs Enforcement officials physically assaulted the lawmakers.

Noem, who was appearing to discuss President Donald Trump’s fiscal year 2026 budget for the agency, said the Democrats who went to Delaney Hall to oversee the conditions were not conducting proper oversight.

Members of Congress are allowed to conduct oversight visits at any DHS facility that detains immigrants, without prior notice, under provisions in an appropriations law.

“I believe that it was breaking into a federal facility and assaulting law enforcement officers,” Noem, the former governor of South Dakota, said.

Newark incident

Last Friday, the three New Jersey Democratic members – Reps. Bonnie Watson Coleman, LaMonica McIver and Rob Menendez — were in Newark protesting the reopening of an immigrant detention center.

The mayor of Newark, Ras Baraka, was arrested. It was a stark escalation of Democratic lawmakers’ opposition to the Trump administration’s immigration crackdown.

After the incident, Menendez detailed how ICE agents “pushed, physically assaulted two female members of Congress.” 

Several Republicans on the panel that oversees Homeland Security, including Chair Mark Green of Tennessee, said there should be consequences for the Democrats, such as criminal charges.

Green accused one of three Democrats of assaulting a law enforcement officer.

“This behavior demands a swift and firm response, and I assure you, action will be taken,” Green said.

Arizona GOP Rep. Eli Crane suggested there be criminal charges lodged against the Democratic members and Republican Rep. Andy Ogles of Tennessee suggested to Noem that she “look into actions (to) be taken if a member assaulted” law enforcement.

The top Democrat on the panel, Rep. Bennie Thompson of Mississippi, slammed Noem for the incident.

“Instead of following the law, masked ICE personnel stopped and assaulted the members,” he said. “Then, to make matters worse, instead of launching an investigation into the incident, your department lied to the press about the situation and threatened to arrest members of Congress for doing their job.”

One of the Democrats who was at the detention center protest, McIver, sits on the committee, but she did not speak to Noem about the incident.

“This is not about me,” McIver said, and instead pressed Noem about international students who had their visas revoked.

Focus on Abrego Garcia

Democrats criticized Noem and the Trump administration’s aggressive immigration enforcement that has led to swift deportations and concerns about a lack of due process.

They especially focused on Kilmar Abrego Garcia, a Maryland man who was wrongly deported to a prison in El Salvador.

Rhode Island Democratic Rep. Seth Magaziner called Noem’s leadership of DHS “sloppy,” and said it has led to immigrants and even U.S. citizen children being wrongly deported.

“Instead of enforcing the laws, you have repeatedly broken them,” Magaziner said. “You need to change course immediately before more innocent people are hurt on your watch.”

California Democratic Rep. Eric Swalwell asked Noem if Abrego Garcia was given proper due process.

Swalwell said he was defending due process and held up a poster that showed Trump holding a picture of Abrego Garcia’s hand that digitally added “MS-13” tattoos to his knuckles.

He asked her several times if the photo was doctored. Noem did not answer the question but said she was unaware of the image.

Instead she said that even if Abrego Garcia were returned to the United States, he would be immediately deported. The U.S. Supreme Court ruled the Trump administration must facilitate the return of Abrego Garcia but he remains in El Salvador.

Crane asked Noem if she supported suspending habeas corpus, something that top Trump officials such as Deputy White House Chief of Staff Stephen Miller have floated.

Habeas corpus allows people who believe they are being unlawfully detained to petition for their release in court, and it’s used to challenge immigration detention. It’s currently the only avenue that Venezuelans subject to the Alien Enemies Act of 1798 have to challenge their deportation under the wartime law.

“That’s not in my purview to weigh in on,” Noem said. “This is the president’s prerogative to pursue, and he has not indicated to me that he will or will not be taking that action.”

The U.S. Constitution allows for habeas corpus to be suspended “in Cases of Rebellion or Invasion the public Safety may require it.”

Crane argued that unauthorized immigration counted as an “invasion,” and therefore could be used to suspend habeas corpus.

Habeas corpus has been suspended four times in U.S. history, during the Civil War; in almost a dozen South Carolina counties that were overrun by the Ku Klux Klan during reconstruction; in a 1905 insurrection in U.S. territories in the Philippines; and after the Pearl Harbor bombing in Hawaii.

FEMA dismantling

Thompson grilled Noem about the president’s comments wanting to dismantle FEMA.

Noem said that she is supportive of Trump’s policy.

“The president has been clear that he wants to empower states to give them the opportunity to build out their response,” she said.

She said that while the federal government will be there for support, that local and state governments “know what they need.”

Thompson asked Noem if she had a plan for the federal government responding to natural disasters.

Noem said while there is nothing in writing, “the White House is coming forward with a plan…that will be making recommendations.”

GOP Rep. Carlos Gimenez of Florida, said that while he supports efforts to “reform FEMA,” he stressed to Noem that “we can’t leave those who can’t fend for themselves.”

U.S. Department of Homeland Security Secretary Kristi Noem walks past reporters after doing a TV interview with Fox News outside of the White House on March 10, 2025 in Washington, D.C. (Photo by Anna Moneymaker/Getty Images)

WASHINGTON — Department of Homeland Security Secretary Kristi Noem Monday announced about 9,000 Afghans living in the United States who had been protected from deportation will no longer be shielded as of mid-July.

After the United States withdrew from Afghanistan in 2022, the Biden administration designated Temporary Protected Status, along with other legal temporary status pathways, for thousands of Afghans who aided the U.S. against the Taliban terrorist group and fled their home country. Thirteen U.S. military members were killed in the chaotic withdrawal at the Kabul airport.

About 80,000 Afghans came to the U.S. and settled in various programs that offered legal protections and work authorization. Of that group, 9,000 were designated TPS.

TPS is granted to nationals whose home country is deemed too dangerous to return due to violence or disasters.

The TPS designation for Afghanistan will expire on May 20 and deportation protections will lift on July 12. The order is likely to face legal challenges, since Noem’s moves to curtail TPS for other nationals have faced lawsuits.

“This administration is returning TPS to its original temporary intent,” Noem said in a statement. “We’ve reviewed the conditions in Afghanistan with our interagency partners, and they do not meet the requirements for a TPS designation. Afghanistan has had an improved security situation, and its stabilizing economy no longer prevent(s) them from returning to their home country.”

The termination of the status comes as the Trump administration fast-tracked the classification of refugees for white South Africans who landed in the U.S. Monday at Dulles International Airport in Virginia.

President Donald Trump signed an executive order in February that noted Afrikaners — an ethnic group in South Africa made up of European descendants, predominantly Dutch — are “victims of unjust racial discrimination” after South Africa’s government passed a land ownership law in an effort to address land dispossession that occurred under apartheid.

The Trump administration suspended all refugee services in late January and has resisted a district court’s order to reinstate the program, along with contracts to organizations that facilitate refugee resettlement services.

Noem said that determination to end TPS for Afghanistan was based on a review from U.S. Citizenship and Immigration Services on Afghanistan’s conditions along with input from the State Department.

The Taliban currently control the government and the State Department’s travel advisory for the country is the highest level, a 4, which means it advises against traveling.

DHS added in a statement that Noem “further determined that permitting Afghan nationals to remain temporarily in the United States is contrary to the national interest of the United States.”

Noem has also ended TPS for Venezuelans and Haitians.

The Trump administration asked the U.S. Supreme Court in early May to lift a lower court’s order that reversed Noem’s decision to end TPS for one group of Venezuelans. 

Homeland Security Secretary Kristi Noem arrives for a Senate Appropriations Committee hearing in the Dirksen Senate Office Building on Capitol Hill on Thursday, May 8, 2025 in Washington, D.C. (Photo by Andrew Harnik/Getty Images)

WASHINGTON  — The top Democrat on a U.S. Senate Appropriations Committee panel Thursday slammed Department of Homeland Security Secretary Kristi Noem for her handling of her agency’s funding and the Trump administration’s immigration crackdown.

Sen. Chris Murphy warned Noem that DHS is at risk of running out of its $65 billion in funding by July – two months before the end of the fiscal year – and therefore close to triggering the Antideficiency Act, a federal law prohibiting government agencies from spending funds in excess of their appropriations. 

“Your department is out of control,” the Connecticut Democrat told Noem. “You are running out of money.”

Noem, who appeared before the Senate Appropriations Subcommittee on Homeland Security, was also grilled by Democrats about the high-profile case of a wrongly deported Maryland man sent in March to a notorious prison in El Salvador.

The White House’s “skinny” budget proposal suggests $107 billion for DHS starting Oct. 1, and assumes that Republicans pass the reconciliation package under consideration to allocate a massive $175 billion overall in border security.  

“If we now live in a world in which the administration spends down the accounts that were priorities for Republicans and does not spend down the priorities that were priorities for Democrats, I don’t know how we do a budget,” Murphy said.

Sen. Patty Murray, top Democrat on the full Senate Appropriations Committee, slammed Noem for not following “our appropriations laws.”

She was critical of how immigration enforcement has caught up U.S. citizens and immigrants with protected legal statuses.

“Your crackdown has roped in American citizens and people who are here legally with no criminal record,” the Washington Democrat said. 

She also criticized Noem for spending $100 million on TV ads that range from praising the president to warning migrants not to come to the United States or to self-deport.

Noem in addition launched this week an initiative to provide up to $1,000 in “travel assistance” to immigrants without legal authorization to self-deport, which would amount to $1 billion if President Donald Trump’s goal of deporting 1 million people is met. The source of those funds in the DHS budget is unclear. 

Murray asked Noem about more than $100 billion in DHS funds not being used or re-programmed elsewhere for immigration enforcement, and called it “an illegal freeze.”

She then asked Noem when DHS would unfreeze those funds.

Noem did not answer and instead blamed the Biden administration, and said the previous administration “perverted” how the funds were used.

Murray said she did not think it was “credible that $100 billion is used to break the law.”

“I am very concerned that DHS is now dramatically over-spending funding that Congress has not provided,” Murray said. “We take our responsibility seriously to fund your department and others. We need to have answers, we need to have accountability, and we need to make sure you’re not overspending money that you were not allocated.”

Abrego Garcia deportation

Noem got into a heated exchange with one of the Democrats on the panel, Maryland Sen. Chris Van Hollen, who traveled to El Salvador to speak with wrongly deported Kilmar Abrego Garcia. The Trump administration has admitted his deportation was an “administrative error.”

The U.S. Supreme Court unanimously ruled that the Trump administration must “facilitate” the return of Abrego Garcia, who was sent initially to brutal CECOT but is now housed in another prison.

Van Hollen asked Noem what DHS has done to bring back Abrego Garcia, who had a 2019 court order barring his return to his home country of El Salvador for fear he would be harmed by gang violence.

Noem did not answer what steps the Trump administration was taking and said that because Abrego Garcia is a citizen of El Salvador, he is in that nation’s custody and cannot be brought back.

Trump has contradicted his own administration, stating that if he wanted to bring back Agrego Garcia he would, but won’t because he believes Abrego Garcia has gang ties.

While Trump officials like Noem have alleged that Abrego Garcia has ties to the MS-13 gang, no evidence has been provided in court and federal Judge Paula Xinis, who is presiding over the case, called the accusations “hearsay.”

Noem then questioned why Van Hollen was advocating for Abrego Garcia in the first place.

“Your advocacy for a known terrorist is alarming to me,” she said.

Van Hollen said that he was advocating for due process, which the Trump administration has been accused of skirting in its deportations. A federal judge in Louisiana next week plans to hold a hearing to determine if the Trump administration violated due process in deporting a 2-year-old U.S. citizen and her mother to Honduras.

Murphy also pressed Noem on the issue and asked how she was coordinating with El Salvador for Abrego Garcia’s release.

“There is no scenario where Abrego Garcia will be returned to the United States,” she said.

Noem then said that even if Abrego Garcia were returned to the U.S., “we would immediately deport him again.”

GOP worried about students, TPS holders

Some Republicans on the panel, including the committee chair, raised concerns with Noem about how the Trump administration’s immigration crackdown is affecting students with visas.

“There are so many others who do deserve scrutiny,” said Chairwoman Susan Collins, a Maine Republican, who said she was worried about students from Canada who attend school in her home state. “But these are dually enrolled Canadian students, and they’ve been crossing the border for years without trouble.” 

She said Canadian students are being stopped by U.S. Customs and Border Protection and given intense screenings.

“They have student visas, but they’re being subjected to extensive searches and questioning,” she said to Noem. “I don’t want us to discourage Canadian students from studying at the northern Maine institutions that we have for education.”

Noem said she would look into it.

Alaskan Republican Sen. Lisa Murkowski raised the issue of paperwork not being processed for those with Temporary Protected Status in her state. TPS is granted to those who come from a country that is considered too dangerous or unstable to return to due to war, natural disasters or other instability.

Murkowski said several groups of immigrants in her state with temporary protected status and humanitarian protection are at risk of losing their work protections, such as Afghans, Haitians, Venezuelans and Ukrainians.  

“The majority of these folks are just truly valued members of their new community,” Murkowski said. “They’re helping us meet workforce needs and really contributing to the tax base here. They’ve expressed great concern about their status and work authorizations that may be revoked or allowed to expire.”

She said that U.S. Citizenship and Immigration Services has not processed TPS or humanitarian protection renewals for up to five months.

Noem said that those with TPS are being looked at, and admitted that some Ukrainians got an erroneous email that notified them their status was revoked.

She said DHS has not made a decision on whether or not to renew TPS for Ukrainians, who were granted the status due to Russia’s ongoing invasion of the country.

“Some of these TPS programs have been in place for many, many years, but the evaluation on why TPS should be utilized and when it can be utilized by a country is the process that the administration is going through,” Noem said. 

The U.S. Supreme Court, as seen on Oct. 9, 2024. (Photo by Jane Norman/States Newsroom)

WASHINGTON — The Trump administration Thursday made an emergency request to the U.S. Supreme Court to allow the deportation of more than half a million immigrants granted humanitarian protections under the Biden administration.

A federal judge in Massachusetts in April blocked Department of Homeland Security Secretary Kristi Noem from ending the humanitarian parole program for 532,000 immigrants from Cuba, Haiti, Nicaragua and Venezuela. An appeals court rejected the request from the Trump administration to stay the lower court’s order.

In the filing to the high court, Solicitor General D. John Sauer argues that the Immigration Nationality Act bars judicial review of discretionary decisions, such as humanitarian parole.

Sauer adds that Noem terminated the program because it does not align with the interests of the Trump administration.

“The district court’s order stymies the government’s ability to terminate parole grants that the Secretary has determined undermine U.S. interests, and thus it inhibits the government’s pursuit of its foreign policy goals,” according to the brief.

Presidents for decades have used their parole authority to allow for migrants to obtain protected status.

President Joe Biden created the program in 2023 that temporarily grants work permits and allows nationals from Cuba, Haiti, Nicaragua and Venezuela to remain in the country if they are sponsored by someone in the United States.

Thursday’s emergency request is one of several immigration related challenges the Trump administration is asking the high court to intervene in after district courts and appeals courts have ruled against the administration.

The Trump administration has asked the Supreme Court to weigh in on ending birthright citizenship, the use of the 1798 wartime Alien Enemies Act, revoking Temporary Protected Status for Venezuelans and requirements to return a wrongly deported Maryland man from El Salvador.

U.S. Department of Homeland Security Secretary Kristi Noem walks past reporters after doing a TV interview with Fox News outside of the White House on March 10, 2025 in Washington, D.C.  (Photo by Anna Moneymaker/Getty Images)

WASHINGTON — The U.S. Department of Homeland Security announced Monday that the agency will provide $1,000 in what it called “travel assistance” to people in the United States without permanent legal status if they self deport.

It’s the latest attempt by DHS to try to meet the Trump administration’s goal of removing 1 million migrants without permanent legal status from the country. DHS Secretary Kristi Noem touted the option as cost-effective.

“If you are here illegally, self-deportation is the best, safest and most cost-effective way to leave the United States to avoid arrest,” Noem said in a statement. “This is the safest option for our law enforcement, aliens and is a 70% savings for US taxpayers.”

It’s unclear from which part of the DHS budget the funding for the travel assistance is coming, as it would roughly cost $1 billion to reimburse up to $1,000 to meet the goal of removing 1 million people.

DHS did not respond to States Newsroom’s request for comment.

President Donald Trump gave his support for the move Monday afternoon, according to White House pool reports. 

“We’re going to get them a beautiful flight back to where they came from,” the president said.

Self-deportation would be facilitated by the CBP Home app, which was used by the Biden administration to allow asylum seekers to make appointments with U.S. Customs and Border Protection.

The payment would apparently not be made in advance. DHS said that once those who use the app to self deport arrive in their home country, they will receive a travel stipend of $1,000.

According to DHS, the Trump administration has deported 152,000 people since taking office in January. The Biden administration last year deported 195,000 people from February to April, according to DHS data.

DHS said already one migrant has used the program to book a flight from Chicago to Honduras.

“Additional tickets have already been booked for this week and the following week,” the agency said in a statement.

The Trump administration has rolled out several programs to facilitate mass self-deportations, such as a registry to require immigrants in the country without legal authorization to register with the federal government.

Immigrants who don’t register with the federal government could face steep fines and a potential prison sentence. 

Rodney Scott, President Donald Trump's nominee to be commissioner of U.S. Customs and Border Protection, prepares to testify during his confirmation hearing before the U.S. Senate Finance Committee on April 30, 2025. Scott previously led the U.S. Border Patrol. (Photo by Chip Somodevilla/Getty Images News)

WASHINGTON — President Donald Trump’s nominee to lead U.S. Customs and Border Protection told the U.S. Senate Finance Committee on Wednesday that he would focus on the agency’s workforce to manage trade and border crossings, while the committee’s top Democrat accused him of covering up a 2010 death at a CBP facility he oversaw.

If Rodney Scott, of Oklahoma, is confirmed by the Senate, he would play a major role in the president’s border-enforcement agenda and lead an agency tasked with managing ports of entry and stopping unauthorized migration at U.S. borders, which he pledged to do by focusing on CBP personnel.

“I will leverage my experience to empower the men and women of CBP to do what they were hired to do – safeguard every American by securing our borders and keeping trade and travel moving,” the former Border Patrol chief said in his opening statement to the committee.

Scott added that he wants to focus on the morale of CBP officers and also ensure that the most up-to-date technology is being used during screenings at ports of entry to intercept any illegal drugs.

“I think it’s really important to highlight a lot of that technology, it just detects anomalies,” he said. “It takes an actual officer or an agent to determine if there’s actually something illegal there or not, so making sure that we … use those officers and agents in the most effective manner possible is critical.”

Scott served as chief of Border Patrol, an agency within CBP, during the first Trump administration and former President Joe Biden’s administration. In that role during the first Trump administration, he implemented a policy that required asylum seekers to remain in Mexico while their cases were pending in immigration court.

Death in custody

The top Democrat on the panel, Sen. Ron Wyden of Oregon, raised concerns about a 2010 death at a CBP station in San Diego that Scott ran.

Anastasio Hernández Rojas was detained by CBP officers where he was beaten and later died from his injuries, Wyden said.

Scott was later accused of covering up the death of Hernández Rojas, Wyden said.

“Rather than following the agency’s own policy and immediately referring the incident to outside investigators, the San Diego CBP office began its own investigation,” Wyden said. “In the course of that investigation, the CBP officers taped over the only video copy of Hernández Rojas’s death and tampered with physical evidence, according to court documents.”

The U.S. paid $1 million to settle a lawsuit brought by Hernández Rojas’ widow. The U.S. Department of Justice in 2015 declined to pursue federal charges against any of the officers or leaders involved in the Hernández Rojas case.

Committee Chair Mike Crapo, a Republican from Idaho, defended Scott and said that U.S. Department of Homeland Security Secretary Kristi Noem wrote a letter to the committee to inform members that she reviewed the 2010 incident and that Scott’s work “was in accordance with his duties, the law and professional standards.”

“Mr. Scott did not impede any investigation, nor did he take steps to conceal facts from investigators,” Crapo said Wednesday.

Wyden argued that Noem was not head of DHS in 2010 and that he had spoken to officials who were present at the time of the investigation that took place surrounding Hernández Rojas’ death.

“There have been these serious allegations made by the former heads of internal affairs about Mr. Scott’s involvement and the cover up of the death of Mr. Hernández Rojas,” he said. “I don’t believe this committee should take this letter on faith. And I have some additional information from those who were there at the time, as opposed to Secretary Noem, who was not.”

CBP has more than 60,000 employees and manages the more than 300 ports of entry at borders, airports and seatports.