'Lying under oath': $220 million DHS advertising campaign lands Kristi Noem in DOJ perjury probe

Democratic lawmakers have formally asked the US Justice Department to investigate Kristi Noem, the outgoing secretary of Homeland Security, over allegations that she lied under oath to Congress about a costly advertising campaign.

The referral was announced on March 16, 2026, by Senator Dick Durbin of Illinois and Representative Jamie Raskin of Maryland, who are the ranking Democrats on key House and Senate Judiciary Committees. They sent a letter to the Justice Department asking officials to examine whether Noem’s testimony violated federal laws against perjury and making false statements to Congress.




At issue is a $220 million media campaign launched by the Department of Homeland Security (DHS) that prominently featured Noem’s image and focused on immigration enforcement. Noem has defended the campaign as an effort to promote voluntary self‑deportation among people living in the United States without legal status.

During testimony before the Senate Judiciary Committee in early March, Noem said that US President Donald Trump knew about and approved the ad campaign in advance. She also said that the bidding process to award the campaign contracts was open and competitive.

However, Trump later told reporters he did not recall approving the campaign beforehand. Records and reporting also suggest that the contract for the ads went to companies with political connections to Noem’s staff, raising questions about how the work was awarded.

Durbin and Raskin’s referral letter states that several answers Noem gave under oath appear to contradict documented facts, especially regarding the ad campaign, the involvement of political appointees and details about contract bidding. They urged the DOJ to determine whether those statements amounted to criminal perjury or false statements.

The referral also cites other parts of Noem’s testimony, including her comments on conditions inside immigrant detention centres and whether her department obeyed federal court orders.

The Justice Department is not required to open a criminal investigation in response to the referral, and there is no indication that charges have been filed at this time. Many legal experts describe such referrals as symbolic when made by lawmakers of the opposing party, particularly in cases where the person under scrutiny is allied with the current administration.

Noem is a former governor of South Dakota who was appointed Secretary of Homeland Security in early 2025. Her leadership drew both praise and criticism for its hard‑line immigration enforcement policies. She is expected to leave her cabinet post at the end of March 2026 as part of an administration reshuffle.