Watch Live: DHS Secretary Kristi Noem testifies at Senate hearing

Kennedy went on to press Noem about her comments linking Alex Pretti and Renee Good to domestic terrorism.

The Louisiana Republican said what "got my attention" was that Noem blamed Stephen Miller, White House deputy chief of staff, for her characterization. Axios reported on Jan. 27 that Noem told an unidentified source that "everything I've done, I've done at the direction of the president and Stephen."

"I enjoy working with the president and with Stephen Miller," Noem said at the hearing. "That day, we were working to get as much information to the American people as possible."

Kennedy asked Noem whether it was fair to "blame Mr. Miller for your words?"

The secretary said the information was relayed to the press by anonymous sources.

"It was you," Kennedy said in response. "They're quoting you on the record saying it's Stephen's fault."

Sen. John Kennedy, a Louisiana Republican, questioned Noem about the decision to spend millions of dollars on television advertisements that feature her.

"How do you square that concern for waste, which I share, with the fact that you have spent $220 million running television advertisements that feature you prominently?" Kennedy asked.

Noem said the president tasked her with telling people in the country illegally "that they needed to leave or we would detain them and remove them and they'd not get the chance to come back to America the right way." She said that approach "has been extremely effective."

Noem said she and the president had a conversation about her running the advertisements before she was sworn in and have talked about it since then. She said the service contracts went out to a competitive bid.

"And the people that you ended up picking were people who had formerly done your political work back in South Dakota, is that right?" Kennedy asked.

Noem replied, "no, that's not correct, sir." Kennedy said, "I think it is."

The DHS secretary chimed in to say "how effective that communications has been," to which Kennedy replied, "they were effective in your name recognition."

"To me it puts the president in a terribly awkward spot," Kennedy said. "It's just hard for me to believe, knowing the president as I do, that you said, 'Mr. President, here are some ads I cut and I'm going to spend $220 million running them,' that he would have agreed to that."

Sen. Sheldon Whitehouse, a Democrat from Rhode Island, presented Noem with an image of a bedroom inside a plane that DHS is reportedly seeking to purchase.

NBC News reported last month that the department has been leasing the Boeing 737 MAX 8 plane, which has been described as a "luxury jet." NBC said DHS now wants to buy it for $70 million and use it deportation flights and travel for Cabinet officials.

"These photos are not accurate," Noem said, adding that the department is purchasing the planes for "long-range command and control."

The secretary said she has been on the 737 one time, and it is now being used by other administration officials for command-and-control flights for the department.

Noem said purchasing the aircraft, which is being refurbished, will save taxpayers "hundreds of millions of dollars" and replace contracts for immigration deportation flights.

"There are aircraft being purchased that will be utilized for executive air travel and for deportations," she said. "We have used jets of this size and this configuration for deportations in the past."

Noem also said money for the planes was approved by Congress, which requires a long-range, command-and-control aircraft that can seat up to 17 people for national-security purposes.

"We are complying with the law," she said.

Durbin pressed Noem about the case of Ruben Torres, who was detained by federal immigration authorities at a Home Depot last year.

Torres is a Mexican national who has been in the U.S. since 2003. His lawyers had pressed for his release from immigration detention, in part because his 16-year-old daughter, Ofelia, was fighting a rare form of cancer. They said he is the parent who watched her brother while she received treatment. 

A judge had ruled that Torres' detention was illegal and found his due process rights were violated. Ofelia died last month.

"Is that really necessary? Was he a violent criminal?" Durbin said.

Noem said that DHS enforces the law.

"If you don't like the law, I would suggest you change the law," she said.

Noem also refuted Durbin's claim that just 14% of immigrants arrested by ICE last year have been charged with or convicted of violent crimes. She said at least 65% have been convicted of offenses like embezzlement, theft and driving under the influence. 

Durbin questioned Noem about the statements she made in the aftermath of the deaths of Pretti and Good in January. She and other administration officials accused both of engaging in acts of "domestic terrorism," claims that were quickly contradicted by video evidence and eyewitness accounts. 

"Your statements cause immeasurable pain to these families," Durbin said. "Let me give you an opportunity to do the right thing. Do you retract these statements identifying these individuals as domestic terrorists?"

"Sen. Durbin, when we have these situations happen, we always offer our condolences to those families, and I offer mine as well," she replied. "These are tragic situations, and I can't imagine what these families go through in losing a loved one. What I will say is we always work to provide the American people with as much information as possible."

Durbin noted that top immigration officials testified last month that they did not know where Noem was getting her information. Noem said she was getting reports on the ground from agents on the scene, noting that the immediate aftermath was "chaotic."

Durbin repeatedly asked Noem about the domestic terrorist label, asking whether she regretted the statements and why she believed the statements would calm the scene. 

"Is it so hard to say you were wrong?" Durbin asked, as Noem responded to the questions indirectly.

"I absolutely strive to provide factual information and will continue to do that," Noem said. "We always know that there's room for improvement."

Grassley asked Noem about her claim that the Department of Government Efficiency, or DOGE, found software installed on her devices to improperly surveil her and other political officials.

Noem said actions were taken in response, including the removal of employees, and said the department continues to monitor its systems.

The secretary told the "PBD Podcast" that tech experts found spyware on government-issued devices used by political appointees. 

"Elon and his team were extremely helpful to me," she said. "They helped me identify that some of my own employees in my department had downloaded software on my phone and my laptop to spy on me, to record my meetings."

Musk led DOGE in the opening months of the Trump administration but left last May.

Grassley asked Noem about administrative warrants, which have faced intense criticism from Democrats and been among the topics at the center of negotiations over reforms to immigration enforcement. Administrative warrants are internal executive branch documents that are not issued by a judge.

"An administrative warrant is utilized on a regular basis because it's the process that Congress has given us," Noem said. "It's the process and immigration law that you have given us to ensure that someone is returned back to their home country. And I would say that most of the time when it gets talked about it's inaccurate."

Noem said in the 400,000 cases of using administrative warrants, ICE has only used them 28 times to enter a home. 

"We will continue using this tool, as it's important in the duties that the Department of Homeland Security is responsible for," she said. 

Grassley, the chairman, said in his opening statement that DHS may be restricting oversight of a classified report.

"That report is about covert testing of the Transportation Security Administration, checkpoint security screening," Grassley said.

Grassley said DHS Inspector General Joseph Cuffari has told his office that a department memo prevents him from speaking to certain congressional committees about the classified findings. Grassley said he hosted a bicameral, bipartisan classified briefing with senior DHS officials last year and invited Cuffari to attend, but the inspector general declined, citing the memo.

Grassley also said he asked the Government Accountability Office to review issues surrounding the classified report but was told the GAO has been unable to obtain the document or secure access to relevant TSA personnel. 

"Secretary Noem, if what my office has been told is accurate, these matters should have been ironed out a long time ago," Grassley added.

Under questioning, Noem said she couldn't speak about the report specifically, but said "all of the recommendations that the inspector general had in that report have already been implemented, and that there were flawed data included in it."

She also said that the inspector general could brief Congress with proper protocols for classified material.

Noem criticized Democrats for failing to support legislation to fund DHS, calling it "reckless" and "unnecessary."

"It harms the men and women who work at DHS and their families," she said. 

Noem accused Senate Democrats of holding the department "hostage," and said critical functions are "strained."

"Our ability to provide for a safe and successful World Cup is being hindered as well," she said.

Noem said ICE agents face a "dangerous environment" on American streets. 

"They are facing a serious and escalating threat as a result of deliberate mischaracterizations of their heroic work, and rhetoric that demonizes our law enforcement," Noem said. 

Noem said DHS has documented an 8,000% increase in death threats against ICE officers and their families, as well as a more than 1,300% in assaults. 

"I recognize that members of this committee may hold differing views about immigration policy," Noem said. "But it's important that we distinguish between disagreements over policy and the department's operational responsibility to enforce existing law that has been passed by Congress. It's our duty as a department to defend our homeland."

After Noem was sworn in and prompted by Grassley to deliver her opening statement, a protester stood up and interrupted the hearing. The demonstrator was removed from the hearing room.

Noem said in her opening statement that since Mr. Trump began his second term, the Department of Homeland Security has delivered "historic results and has made our communities safer." She touted the number of migrants removed from the U.S. and the drop in border crossings, and said many of those deported have criminal records.

Immigration and Customs Enforcement has arrested more than 1,500 known and suspected terrorists, she said, and known gang members.

"These results reflect the fact that we are enforcing the laws that Congress has passed," she said.

Sen. Dick Durbin of Illinois, the top Democrat on the committee, began his opening statement by outlining the long road to securing Noem's testimony, saying "today's hearing is long overdue."

"After months of excuses and delays from Secretary Noem, we finally gather together," Durbin said. 

Durbin didn't mince words about his view of Noem's handling of the department. 

"Madam Secretary, under your leadership, the Homeland Security Department has been devoid of any moral compass or respect for the rule of law," Durbin said. "Without hesitation or remorse, DHS agents have wreaked havoc on our cities — I've seen it in the city of Chicago — and acted with unspeakable cruelty against children, immigrant families and American citizens."

The Illinois Democrat said "this administration's reckless immigration enforcement campaign has created fear in communities and eroded the foundational tenets of our democracy."

Durbin also acknowledged the presence in the hearing room of family members of people who have been deported, along with people whose families have been victims of violence by immigrants. 

"From my point of view, we need an orderly process at the border to start with. And secondly, we should never knowingly allow a dangerous person into this country, and if someone is in this country seeking citizenship and commits a crime, a serious crime, they should be asked to leave," Durbin said. "There's a way to deal with immigration that is sensible and humane on both sides."

At the start of the hearing, GOP Sen. Chuck Grassley of Iowa, the committee's chairman, requested the "utmost of decorum" and respect from Noem, the witness, members of the committee and people in the audience.

"This hearing comes amid a Democrat-led funding shutdown for the Secret Service, for FEMA, for TSA and the Coast Guard. These agencies are vital to keeping our country safe."

Grassley also noted that the hearing also comes amid the ongoing military operation against Iran.

"Now more than ever, I hope the Democrats will decide to end the shutdown," he said.

Grassley also referenced the deaths of Pretti and Good, without naming them.

 "Mistakes have been made," he said. "Let's make it clear: One death is too many. But officers should never be threatened or harmed while enforcing our laws, and there is a clear difference between conduct protected by the First Amendment and unlawful obstruction."

The Iowa Republican said that the Department of Homeland Security under Noem's leadership has successfully curbed border crossings and targeted for removal illegal immigrants with criminal records.

Grassley also criticized the prior administration under former President Joe Biden for its handling of the U.S. withdrawal from Afghanistan in 2021 and what he said was a failure to adequately vet Afghan nationals coming to the U.S.

Noem arrived in the hearing room and took a seat while photographers snapped photos. 

The House Rules Committee is scheduled to consider a measure to fund DHS on Tuesday afternoon, which would tee up a vote in the House later this week. 

The move will put pressure on Democrats to vote to reopen the department as a partial shutdown stretches on. But Democrats have remained unwilling to support funding the department without changes to immigration enforcement. 

With a narrow GOP majority, House Republicans may be able to stay united and pass the measure on their own. But it would need support from Democrats in the Senate to clear a 60-vote threshold.

Following Tuesday's testimony before the Senate panel, Noem is also set to appear before the House Judiciary Committee for an oversight hearing on Wednesday.

Noem's testimony comes as her department is operating in a shutdown, being the only department to go unfunded amid a standoff between Democrats and Republicans over how to reform the Trump administration's immigration enforcement operation. The funding lapse began on Feb. 14. 

DHS, which oversees immigration enforcement agencies ICE and CBP, also oversees the Federal Emergency Management Agency, the Transportation Security Administration and the Coast Guard. And workers who continue to perform their jobs during the partial shutdown began missing paychecks in recent days. 

Democrats and the White House have been trading proposals for reforms in recent weeks. But an imminent breakthrough has appeared far off. 

Still, House GOP leaders argued that the war with Iran adds urgency to the DHS funding issue. House Majority Leader Steve Scalise, a Louisiana Republican, said in a post on X on Sunday that it's "dangerous for Democrats in Washington to keep the Department of Homeland Security shut down" following the strikes and elevated domestic threats. 

"This week, we are calling on House Democrats to end their dangerous games by bringing to the floor legislation to end the DHS shutdown so we can ensure agencies can protect America during this dangerous time," Scalise said. 

A Senate GOP effort to fund DHS fell short last week, with all but one Democrat voting against advancing the measure. Democrats have remained stalwart in their position that they will not fund DHS without reforms to the immigration enforcement agencies.

The Trump administration's immigration enforcement campaign has remained funded despite the shutdown, thanks to a multibillion-dollar cash infusion for ICE and CBP that lawmakers passed last summer as part of the One Big Beautiful Bill Act.

Noem has faced intense scrutiny since the two deadly shootings of U.S. citizens by federal agents in Minneapolis, prompting calls from lawmakers for her to appear before multiple committees to answer for her department's operations and her personal reactions to the shooting.

The fiercest criticism came after Pretti's death, when Noem quickly alleged that Pretti approached Border Patrol agents with a gun and violently resisted after officers tried to disarm him. Videos of the incident did not show Pretti brandishing a gun. Lawmakers lambasted Noem for rushing to judgment, including members of her own party. 

Noem faced calls for her resignation due to her handling of the Pretti shooting. At Tuesday's hearings, she'll likely face questions from a number of Democrats over her conduct, and possibly some Republicans. Sen. Thom Tillis, a North Carolina Republican who was the first GOP senator to call for Noem's ouster, sits on the committee. 

Noem's testimony comes after the leaders of Immigration and Customs Enforcement, Customs and Border Protection and U.S. Citizenship and Immigration Services testified before House and Senate committees last month about the immigration crackdown in Minneapolis. The officials faced questions about Noem's handling of the department and whether she should resign, while some lawmakers voiced frustration that she hadn't yet testified herself.