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Noem’s Past Returns: Early Prison Releases, DHS Probes and the 'Alligator Alcatraz' Fallout

Noem’s Past Returns: Early Prison Releases, DHS Probes and the 'Alligator Alcatraz' Fallout
U.S. Immigration and Customs Enforcement via Getty Images

Kristi Noem’s record as South Dakota governor and her brief tenure at DHS are under renewed scrutiny. A South Dakota Searchlight review found that 12 of 19 inmates she released early were later charged with new crimes, including seven felonies. Several DHS programs tied to Noem and a Florida detention site nicknamed "Alligator Alcatraz" face investigations and serious human‑rights allegations.

Questions about Kristi Noem’s record as South Dakota governor have resurfaced following her removal from the Department of Homeland Security amid multiple controversies. Reporting by the South Dakota Searchlight and subsequent investigations have drawn renewed attention to a series of commutations, federal programs she promoted while at DHS, and allegations tied to a Florida detention site nicknamed "Alligator Alcatraz."

Commutations and New Charges

According to the South Dakota Searchlight, 12 of the 19 inmates Noem ordered released early from custody while governor have since been charged with new offenses. Of those 12, seven face felony charges—most linked to drug offenses—while others were charged with crimes including domestic violence and driving under the influence.

State records indicate Noem issued 27 commutations during her six-year tenure. In 2022 and 2023, she reportedly granted 19 commutations without formal endorsement from the state Board of Pardons and Parole and provided no public explanation for those decisions. Noem briefly addressed the commutations in her January 2024 State of the State address:

Noem’s Past Returns: Early Prison Releases, DHS Probes and the 'Alligator Alcatraz' Fallout
Noem touted drug busts as DHS secretary. / Carlos A. Moreno / Getty Images

"Last month, I commuted the sentence of a number of inmates who qualified, giving them parole. Now they can begin their supervised transitions back into the community. We will continue to evaluate these second‑chance opportunities for those who can prove they deserve them."

DHS Tenure and Ongoing Inquiries

During her time leading DHS, Noem was accused by critics of centralizing decision‑making within a small inner circle that included top aide Corey Lewandowski. Some officials warned that a directive requiring her personal approval for expenditures over $100,000 risked delaying disaster relief and other critical actions.

Several high‑profile initiatives tied to her DHS tenure are reportedly under review: a $38 billion warehouse‑to‑detention program and a roughly $220 million advertising campaign that used no‑bid contracts are said to be the subject of inspections by the DHS inspector general and other oversight entities.

"Alligator Alcatraz" And Human Rights Allegations

Noem also supported a rapid federal‑state effort to construct an immigration detention center in the Florida Everglades, widely referred to in reporting as "Alligator Alcatraz." Though described by proponents as a cost‑saving measure, the facility has drawn intense criticism and scrutiny.

Noem’s Past Returns: Early Prison Releases, DHS Probes and the 'Alligator Alcatraz' Fallout
President Donald Trump, Florida Governor Ron DeSantis, and Homeland Security Secretary Kristi Noem toured “Alligator Alcatraz,” last summer—and lavished the facility with praise. / Andrew Caballero-Reynolds/Getty Images

Reports suggest the center is costing the state about $1 million per day and could face closure because of its expenses. Human‑rights organizations and news investigations have documented allegations of assaults, groping and poor living conditions. In December, Amnesty International reported that guards confined detainees in a 2‑by‑2‑foot, cage‑like structure that detainees call "the box," where hands and feet were shackled to the floor, leaving inmates unable to sit or move.

"It’s a copy of Guantánamo," a Cuban man who said he was detained there for 11 days told Amnesty International. "The conditions are inhuman."

Separately, a Daily Beast review found that more than two dozen people featured on a DHS webpage labeled as the "worst criminal aliens arrested" had only traffic offenses on their records, calling into question the accuracy of that portrayal.

Responses And Outstanding Questions

Noem, who now serves as Special Envoy for The Shield of the Americas, has not publicly answered detailed questions about the commutations; her representatives did not immediately respond to requests for comment. She has denied prior ethics allegations from her governorship, including claims she used her office to benefit a family member and misused state aircraft. The final disposition of some of those state ethics inquiries was not released publicly.

As multiple probes continue—both into decisions made while she was governor and initiatives from her brief DHS tenure—critics and supporters alike are watching for more documentation and official findings that could clarify what led to these controversial actions and the oversight responses they have triggered.

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Noem’s Past Returns: Early Prison Releases, DHS Probes and the 'Alligator Alcatraz' Fallout - CRBC News