Congressional Democrats are preparing to formally urge the Department of Justice to investigate whether former Homeland Security Secretary Kristi Noem committed perjury during testimony before lawmakers earlier this month, escalating a growing political fight over immigration policy and the management of federal agencies.
According to reporting from now-former CBS News correspondent Scott MacFarlane, the request is expected to be delivered Monday to Attorney General Pam Bondi. The referral will come from Democratic members of both the Senate and House Judiciary Committees, who argue that several statements Noem made during hearings on March 3 and March 4 may have violated federal laws governing false statements to Congress.
The letter will reportedly be signed by Sen. Dick Durbin of Illinois, the vice chair of the Senate Judiciary Committee, and Rep. Jamie Raskin of Maryland, the ranking Democrat on the House Judiciary Committee.
Their request asks the Justice Department to determine whether Noem “knowingly made false statements” while answering questions related to a controversial $220 million taxpayer-funded advertising campaign that promoted immigration policies. The referral is also expected to reference issues involving detention facilities, the detention of U.S. citizens, and whether the department complied with federal court orders.
Democrats say the document will cite at least four specific statements from Noem’s testimony that they believe may violate criminal statutes related to perjury or knowingly providing false information to Congress.
One of the exchanges highlighted in the referral involves questioning from Sen. John Kennedy (R-La.) during the hearing. Kennedy pressed Noem about the advertising campaign and asked whether President Donald Trump had been aware of the effort.
Noem replied that he had.
“Yes,” she said when asked whether the president knew about the advertisements.
However, Democrats are expected to point to a later interview with Reuters in which Trump said he had no prior knowledge of the campaign.
“I never knew anything about it,” the president told the outlet.
The referral will also challenge aspects of Noem’s description of how contracts for the advertising campaign were awarded, along with statements she made regarding conditions inside U.S. immigration detention facilities.
According to the planned referral, internal audits by Immigration and Customs Enforcement have documented “significant failures to meet medical care standards.” Democrats argue that those findings contradict assurances Noem gave during her testimony that the department had been meeting federal requirements.
A spokesperson for the Department of Homeland Security rejected the accusations in a statement to MacFarlane, dismissing the allegations outright.
“Any claim that Secretary Noem committed perjury is categorically false,” the spokesperson said.
Even if the referral is submitted, the Justice Department is not obligated to pursue an investigation. Congressional referrals are often used to raise concerns about testimony or conduct, but federal prosecutors retain discretion over whether any case moves forward.
The development comes amid a period of heightened political tension in Washington, where debates over immigration enforcement and national security policies have become increasingly intense.
Just days after appearing before Congress, Noem was reassigned by President Trump. She was moved out of her cabinet role and named a special envoy, while the president nominated Sen. Markwayne Mullin (R-Okla.) to lead the Department of Homeland Security.
The referral from Democrats underscores the growing scrutiny surrounding DHS policies and leadership as lawmakers continue to clash over immigration enforcement, detention conditions, and the broader direction of federal security agencies.
For now, the dispute remains firmly in the political arena. Whether the Justice Department chooses to investigate the allegations will determine if the controversy expands beyond Capitol Hill hearings and partisan accusations.
