The Department of Homeland Security’s general counsel warned the agency’s independent inspector general that Secretary Kristi Noem has the authority to unilaterally shut down investigations, according to a letter from a Democratic senator.
Sen. Tammy Duckworth of Illinois wrote in a letter to Noem that she learned during a meeting with DHS Inspector General Joseph Cuffari that the department’s legal team repeatedly reminded the inspector general’s office that Noem could terminate investigations, NBC News reported exclusively. Duckworth said she believes the reminders amount to “repeated tacit threats” that could weaken the DHS Office of Inspector General’s operational independence.
The letter also said the inspector general’s office was asked on Jan. 29 to disclose “every active audit, inspection and criminal investigation,” a request Duckworth described as “extremely unusual, perhaps even unprecedented,” and raised concerns about a perceived lack of oversight activity in the days after the fatal shooting of U.S. citizen Alex Pretti by federal agents.
Pretti, 37, an intensive-care nurse and Minneapolis resident, was shot and killed by federal immigration agents in Minneapolis on Jan. 24 while they were conducting a targeted operation under a broader immigration enforcement initiative. The Hennepin County medical examiner ruled his death a homicide, according to People.com.
Initial government accounts said Pretti approached U.S. Border Patrol officers with a handgun and resisted attempts to disarm him. However, video footage reviewed by Reuters shows Pretti unarmed with only a phone in hand in the moments before he was tackled and shot, raising questions about the federal account and fueling protests and calls for transparency.
The incident came amid heightened tensions in Minneapolis, where federal immigration enforcement operations have drawn widespread criticism and protests. The Department of Justice’s Civil Rights Division and DHS have opened investigations into the shooting.
Former Interior Department Inspector General Mark Greenblatt told NBC News that the Inspector General Act of 1978 allows a cabinet secretary to prohibit an inspector general from “carrying out or completing any audit or investigation” if the secretary determines it would harm national security, but he said the provision has never been invoked in his experience. Greenblatt also said the law requires the secretary to notify Congress within 30 days if an investigation is blocked, including the rationale and whether the inspector general supported the decision.
Greenblatt added that while inspectors general typically notify agency leadership about routine audits, sharing details of criminal investigations is not standard. “The FBI doesn’t tell everyone what they are investigating in advance,” he told NBC News.
The DHS Office of Inspector General said this week it is reviewing immigration enforcement efforts to assess whether they follow federal law, adhere to policy, and protect civil rights, including reviewing hiring and training practices, detention facility conditions and Border Patrol operations in major U.S. cities.
DHS Assistant Secretary Tricia McLaughlin defended the authority cited in Duckworth’s letter, saying the relevant law has been in place for decades and that lawmakers can change it if they object, NBC reported.
International Business Times has reached out to the Department of Homeland Security, Secretary Noem’s office and the DHS Office of Inspector General for comment on the concerns raised in Duckworth’s letter but has not yet received a response.
