Senator Says DHS Counsel Told Inspector General That 'Secretary' Can End OIG Investigations — Raises Independence Concerns

Illinois Sen. Tammy Duckworth says the Department of Homeland Security’s general counsel told the DHS Office of the Inspector General (OIG) that the cabinet "secretary" asserts the power to unilaterally terminate OIG investigations, according to a letter she recently sent to the department.

The OIG describes its mission as providing "objective, independent oversight of DHS programs and operations" to promote excellence, integrity and accountability across the department. Duckworth’s letter, obtained by NBC News, says she was briefed in a meeting with DHS Inspector General Joseph Cuffari and learned the general counsel had contacted the OIG multiple times to "remind them" that the secretary—named in the letter as Kristi Noem—claims the authority to stop the OIG’s work.

Duckworth’s correspondence also says the OIG was asked on Jan. 29 to disclose "every active audit, inspection and criminal investigation," a request the senator called "extremely unusual, perhaps even unprecedented." She warned that those communications could amount to "tacit threats" that have weakened the OIG’s operational independence, pointing to what she described as the office’s "unusual lack of activity and engagement" after the fatal Border Patrol shooting of U.S. citizen Alex Pretti.

Legal Context

Former Interior Department Inspector General Mark Greenblatt noted that the Inspector General Act of 1978 contains a narrow provision allowing a cabinet secretary to prohibit an inspector general from "carrying out or completing any audit or investigation" if the secretary determines doing so would harm national security. Greenblatt told reporters that, in his experience, that provision has rarely — if ever — been invoked across the federal government.

"In my experience that provision has never been invoked by any agency across the federal government," Greenblatt said. He previously chaired the Council of Inspectors General on Integrity and Efficiency and was nominated by President Donald Trump to serve as Interior Department IG.

The statute requires that if a secretary shuts down an investigation, the decision must be reported to Congress within 30 days, and the notice must explain the rationale and state whether the inspector general supported the action.

What OIG Is Reviewing

Separately, the DHS OIG posted that it has opened a review of the department’s immigration enforcement efforts to evaluate whether actions comply with federal law, adhere to DHS policy and protect civil rights. The review will examine ICE hiring and training, safeguards to prevent the arrest of U.S. citizens, conditions at ICE detention facilities, and the deployment of Border Patrol agents in cities such as Los Angeles, Chicago and Minneapolis.

Department Response

DHS Assistant Secretary Tricia McLaughlin defended the department’s position, noting that the federal statute that provides a secretary with authority to end OIG investigations has existed for decades. "Senator Duckworth is arguing that a Senate-confirmed cabinet secretary shouldn’t use an existing section of federal law because she doesn’t think it should exist," McLaughlin said in a statement. She added that any member of Congress who objects to the law can seek to change it through the legislative process.

Editorial Note

Fact-check recommended: Duckworth’s letter names Kristi Noem as the DHS secretary who allegedly claims this authority. That designation appears inconsistent with public records and contemporary officeholders; the naming in the letter should be independently verified before publication or widespread citation.