DHS General Counsel Defends Request for Inspector General’s Investigation List

Department of Homeland Security (DHS) General Counsel James Percival has confirmed that Secretary Kristi Noem requested a comprehensive list of all ongoing investigations conducted by the agency’s Office of Inspector General (OIG), a move that has sparked a dispute with congressional Democrats regarding the independence of federal watchdogs. In a letter addressed to Senator Tammy Duckworth (D-Ill.), DHS officials maintained that the request is necessary to evaluate the department’s statutory authority to intervene in specific inquiries involving national security.

The correspondence, dated Monday, responds to concerns raised by Senator Duckworth, who suggested that the department might be attempting to suppress oversight of its operations. Percival clarified that while DHS sought a full accounting of active cases led by Inspector General Joseph Cuffari, neither he nor Secretary Noem has taken action to halt any current investigation. Percival described the request as a proactive measure to determine if it “might ever be appropriate” to exercise specific powers granted to the Secretary under the law.

Central to the legal argument is Section 417 of the Inspector General Act, a provision that permits a department head to prohibit the Inspector General from initiating or completing an investigation if it would significantly impair national security or U.S. interests. According to Percival, obtaining a list of active investigations is an “implied requirement” to effectively administer this statute. He further criticized Inspector General Cuffari for allegedly interfering with departmental authority by “withholding this information from prior secretaries.”

Senator Duckworth’s office characterized the administration’s stance as an effort to “sabotage” the OIG’s independence. Duckworth, who has previously pressed for investigations into DHS handling of “Operation Midway Blitz” and immigration raids in Chicago, interpreted the invocation of Section 417 as an intimidation tactic. She noted that Inspector General Cuffari had previously disclosed receiving reminders from the Secretary’s office regarding the statutory power to terminate probes. Percival, however, defended the administration’s approach, stating that his role is to assist President Trump and Secretary Noem in enforcing the rule of law within the agency.

Statutory Authority and Oversight Independence

The confrontation highlights a significant test of the boundaries between executive agency leadership and independent internal oversight bodies. The Inspector General Act was designed to insulate watchdogs from political pressure, allowing them to monitor waste, fraud, and abuse without interference. While Section 417 provides a mechanism for the Secretary to intervene in matters of national security, legal experts note that this provision has historically never been invoked. The current insistence on a preemptive list of investigations suggests a shift toward more hands-on administrative control, raising questions about the future operational autonomy of the Office of Inspector General within the Department of Homeland Security.