Kristi Noem’s Replacement Sparks Senate Alarm After Refusing to Commit to Complying With Court Orders

Sen. Chris Murphy sharply criticized Department of Homeland Security Secretary Markwayne Mullin during a Senate Appropriations Subcommittee hearing on June 2, saying the agency’s conduct should alarm lawmakers who care about the rule of law. The exchange focused on whether DHS would comply with federal court orders blocking agency actions that judges have found unconstitutional or unlawful. Murphy repeatedly asked Mullin to give a clear yes-or-no answer on whether the department would follow such rulings, but Mullin declined to do so directly.

Instead, Mullin said, “We will never break the Constitution, and we’re not going to break the law,” while also suggesting that some courts are politically motivated. Murphy argued that this was not the same as committing to obey court orders and accused the secretary of implying that DHS might choose which rulings to follow. Murphy said lawmakers should be “really, really freaked out” by the response and warned that Congress should not fund an agency that “makes up its own law.”

The hearing came amid broader criticism of DHS and the Trump administration’s immigration enforcement efforts, which have faced repeated setbacks in federal court. Murphy said the agency had been “breaking the law at scale” and wasting taxpayer money on legally questionable actions. He accused DHS of detaining U.S. citizens, deporting migrants who had followed the rules, and using force against peaceful protesters. He also cited a Politico case tracker showing that federal courts have ruled against the administration in a large number of ICE detention cases, including many decisions issued by Republican-appointed judges.

Murphy also turned the hearing toward unrest at the Delaney Hall ICE detention center in Newark, New Jersey. Protests intensified after demonstrators blocked an entrance to the facility on May 25, prompting federal agents in riot gear to respond with armored vehicles, pepper balls, and chemical agents. Reports from detainees and activists alleged poor conditions inside the center, including inadequate medical care, low-quality food, unhygienic conditions, and due process violations. Senators Andy Kim and New Jersey Gov. Mikie Sherrill also raised concerns about the situation, saying they witnessed or were denied access to what they described as a chaotic scene.

The hearing added to the scrutiny already surrounding Mullin, who has reportedly faced criticism from agency insiders over claims that he sought a government role for his wife and spent significant time away from Washington during a period of pressure on DHS and ICE. Reports also said he has frequently traveled back to Oklahoma during the workweek and returned to Washington later, drawing further attention as the department navigates legal fights and public protests.

The episode underscored growing tensions over immigration enforcement, court compliance, and the direction of DHS under Mullin’s leadership.