Top congressional Democrats have formally referred former Department of Homeland Security (DHS) Secretary Kristi Noem to the Justice Department for a potential criminal investigation into perjury, accusing her of making false statements under oath during oversight hearings earlier this month.
In a letter sent March 16, 2026, Senate Judiciary Committee Ranking Member Dick Durbin (D-IL) and House Judiciary Committee Ranking Member Jamie Raskin (D-MD) urged Attorney General Pam Bondi to examine whether Noem violated federal law by knowingly providing misleading testimony. The allegations center on her March 3 and March 4 appearances before the Senate and House Judiciary Committees, where she addressed DHS operations, including a controversial $220 million taxpayer-funded advertising campaign promoting border security and immigration enforcement.
Making false statements to Congress is a federal felony under 18 U.S.C. § 1001, punishable by up to five years in prison and fines up to $250,000. The lawmakers described Noem’s responses as “brazen” and part of a pattern of evading accountability after months of resisting routine oversight requests.
Key points of contention include:
The $220 million ad campaign: Democrats claim Noem downplayed or misrepresented aspects of the multimillion-dollar initiative, which featured Noem prominently and involved contracts awarded to firms with ties to her past political operations and aides. Reports from outlets like ProPublica highlighted subcontracts flowing to connected entities, raising questions about conflicts of interest. Noem defended the spending during hearings as necessary for public awareness on border policies, but critics alleged she misled on contracting processes and transparency.
Other alleged misstatements: The referral also points to Noem’s testimony on DHS compliance with court orders, detention practices (including claims about U.S. citizens), and the role of her former top adviser Corey Lewandowski in contract approvals. Internal documents and reports suggested Lewandowski had significant involvement in approvals, contradicting her sworn denial.
Noem was abruptly fired by President Trump earlier in March 2026—his first major Cabinet shakeup of the second term—amid backlash over the ad campaign and internal controversies. Trump publicly distanced himself, stating he had not approved the ads and expressing dissatisfaction. Noem has not publicly responded to the referral as of March 17, but allies have dismissed the move as partisan.
The letter from Durbin and Raskin acknowledged skepticism about the Trump-appointed DOJ pursuing the matter aggressively: “While we have low expectations that you will pursue this matter given your partisan weaponization of the Department of Justice, we note that the statute of limitations for knowingly and willfully making false statements to Congress is five years.”
This referral adds to the political turbulence surrounding Noem’s brief, high-profile tenure at DHS, which included aggressive immigration messaging but drew bipartisan scrutiny over spending and management. Democrats framed the action as essential to upholding congressional oversight, while Republicans have viewed similar past referrals through a partisan lens.
The Justice Department has not commented on whether it will open an investigation. The case highlights ongoing tensions between the executive branch and congressional Democrats in the current administration.
(Image: Former DHS Secretary Kristi Noem testifying before the House Judiciary Committee on March 4, 2026, during oversight hearings that sparked the perjury allegations – archival footage shows her addressing lawmakers amid intense questioning on the $220 million ad campaign.)
As the situation develops, it underscores the high stakes of sworn congressional testimony in an era of polarized oversight battles. Noem’s future political prospects remain uncertain following her ouster and this latest legal scrutiny.
