Lawmakers Clash With DHS Secretary Over Asylum Deportations and ICE Conduct

A heated exchange erupted during a congressional hearing as a senior lawmaker pressed Homeland Security Secretary Kristi Noem on whether her department is violating U.S. asylum law by deporting individuals with active asylum applications.

The confrontation centered on a fundamental legal question: whether asylum seekers with pending cases are lawfully present in the United States—and what it means if they are deported anyway.

Asylum as a Lawful Pathway

The lawmaker began by asking a direct yes-or-no question: Is asylum a lawful pathway to immigrate to the United States?

Secretary Noem acknowledged that an asylum program exists and confirmed that asylum is a lawful pathway under U.S. law.

The follow-up question was even more pointed: If an immigrant has an ongoing asylum application, are they legally present in the country?

After some hesitation, the secretary again acknowledged that individuals with open asylum cases may be lawfully present.

That led to the central challenge of the hearing.

“If your department deports anyone with an ongoing asylum application,” the lawmaker said, “you are violating the law. Is that correct?”

Rather than answering directly, Secretary Noem repeatedly referenced failures of the previous administration and described the asylum system as “broken.” The lawmaker accused her of filibustering and refusing to answer a simple legal question.

Reclaiming his time, the lawmaker stated plainly that asylum is the law, and if the administration disagrees with it, Congress—not the executive branch—must change it.

“You don’t get to decide you’re not going to follow the law,” he said. “If you don’t like the asylum system, bring us a bill to change it.”

Allegations of Arrests at Immigration Court

The lawmaker then described what he said is happening in cities across the country, particularly in New York City: asylum seekers appearing for scheduled court hearings are allegedly being arrested by ICE and deported despite having open asylum cases.

He cited an incident from September in which an asylum applicant was allegedly taken into custody immediately after a court appearance, separated from his wife and young children, and deported.

He then referenced a video involving the applicant’s wife, stating that the department itself had previously condemned the conduct shown.

ICE Officer Reinstated After “Unacceptable” Conduct

Following the incident, the Department of Homeland Security issued a statement saying the officer’s behavior was “unacceptable and beneath the men and women of ICE,” and that the officer had been relieved of duty pending a full investigation.

However, the lawmaker said that just three days later, the officer was reinstated and returned to duty.

He told Secretary Noem that he had sent a letter two months earlier asking what investigation had been conducted and why the officer was reinstated—but had received no response.

“If the conduct was beneath the men and women of ICE,” he asked, “why did you reinstate him?”

Secretary Noem responded that the investigation had been completed and said she could provide the findings. The lawmaker expressed disbelief, noting that he had formally requested that information months earlier.

Masked and Plainclothes ICE Operations

The hearing then shifted to a broader concern about ICE enforcement tactics. The lawmaker accused ICE officers of operating while masked, in plain clothes, and without visible identification—practices he said undermine public trust and public safety.

He pointed to legislation he introduced, the No Secret Police Act, which would require federal law enforcement officers to clearly identify themselves and prohibit the use of masks during routine enforcement. The bill currently has more than 100 co-sponsors.

Secretary Noem asserted that all ICE officers are properly identified. The lawmaker rejected that claim, citing a recent incident in New York City in which NYPD officers were injured after responding to a 911 call involving masked, plainclothes ICE agents allegedly pulling people from vehicles.

He said he had asked the department for an explanation of that incident as well—and again received no response.

Unanswered Questions as Time Expires

As the lawmaker pressed for answers, the chairman cut in to announce that time had expired, and the hearing moved on to the next member.

The exchange left several key questions unresolved:

Whether DHS acknowledges deporting individuals with active asylum applications

Why an ICE officer deemed to have acted improperly was reinstated

Why members of Congress say their oversight requests have gone unanswered

What was clear, however, was the growing tension between Congress and the Department of Homeland Security over immigration enforcement, the rule of law, and accountability within federal agencies.