impeachment - Kristi Lynn Arnold Noem
Resolved, That Kristi Lynn Arnold Noem, Secretary of Homeland Security of the United States, is impeached for high crimes and misdemeanors, and that the following articles of impeachment be exhibited to the United States Senate: Articles of impeachment exhibited by the House of Representatives of the United States of America, in the name of itself and of the people of the United States, against Kristen Nome, Secretary of Homeland Security, in support of her impeachment for high crimes and misdemeanors.
ARTICLE I: Willful and Systemic Refusal to Comply with the Constitution of the United States
The Constitution provides that the House of Representatives shall have the sole power of impeachment and that civil officer of the United States, including the Secretary of Homeland Security, "shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. “In her conduct as Secretary of Homeland Security, Impeaching Kristi Lynn Arnold Noem, Secretary of Homeland Security, for high crimes and misdemeanors.
In her conduct as Secretary of Homeland Security, Kristi Lynn Arnold Noem, in violation of her oath to support and defend the Constitution of the United States against all enemies, foreign and domestic, and to faithfully discharge the duties of her office, has willfully and systematically refused to uphold the constitutional rights of individuals. particularly the right to due process guaranteed by the Fifth and Fourteenth Amendments.
These amendments clearly state that no person shall be “deprived of life, liberty, or property without due process of law.” Secretary Nome’s actions have led to the widespread violation of this right, affecting not only U.S. citizens but also migrants, and visitors to the United States. As of January 13, 2025, under her leadership, the Department of Homeland Security has reportedly violated the due process rights of approximately 157,948 individuals and continues to do so on a daily basis.
By systematically denying due process to individuals present in the United States, Secretary Noem undermines the very foundation of constitutional protections. If due process can be denied to some, it endangers the rights of all. Allowing this degradation to continue opens the door for further constitutional violations. These may include the seizure of firearms without due process, thus violating the Second Amendment, or the detention, search, and surveillance of individuals by law enforcement or federal agencies without appropriate legal safeguards.
ARTICLE II: Willful and Unauthorized Transfer of Prisoners in ICE Custody Without Due Process
Secretary Kristen Nome has willfully and unlawfully authorized the transfer and deportation of individuals in U.S. Immigration and Customs Enforcement (ICE) custody without the due process required by law, including the proceedings of an immigration court or any court of competent jurisdiction. These unauthorized deportations and transfers have included the removal of individuals to secondary countries such as El Salvador for imprisonment without legal adjudication or compliance with established transfer protocols under federal law.
Under the International Prisoner Transfer Program (IPTP), codified in 18 U.S.C. §§ 4100–4115, the transfer of prisoners to foreign countries is strictly regulated. The IPTP was established by Congress in 1977 to permit the lawful transfer of prisoners between treaty-partner nations, subject to a number of legal safeguards. For a prisoner to be eligible for transfer, the following criteria must be met:
1. An existing treaty relationship between the United States and the receiving country
2. A minimum sentence duration requirement
3. A final, non-appealable sentence from a U.S. court
4. The nature of the offense qualifying for transfer
5. The informed consent of the prisoner
6. Dual criminality between the convicting and receiving jurisdictions
These legal safeguards are essential to ensure that no individual is unjustly removed from U.S. custody without the opportunity to contest their detention, charges, or alleged affiliations. Secretary Nome has violated these legal requirements by authorizing the deportation and transfer of individuals, some of whom were merely suspected of gang affiliation, including suspected ties to MS-13 or similar groups, without providing them an opportunity to defend themselves in court or through formal immigration proceedings. These actions deprive individuals of their constitutional rights, including the right to due process, the presumption of innocence, and the right to challenge allegations levied against them. By circumventing the IPTP process and denying access to courts, Secretary Nome has stripped individuals of their ability to prove or disprove accusations of criminal or gang affiliation, thereby violating both federal statutory law and the Constitution. This conduct further compounds the systemic due process violations outlined in Article I and represents an ongoing abuse of executive authority.
ARTICLE III: Systematic Surveillance Without Warrant
Secretary Kristen Nome has authorized and overseen the widespread and systemic practice of warrantless surveillance and digital searches targeting individuals entering the United States, in direct violation of the Fourth and Fourteenth Amendments to the Constitution.
Under Secretary Nome’s leadership, the Department of Homeland Security (DHS), through agencies including Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE), has engaged in the warrantless search and seizure of personal digital devices—including cell phones, laptops, and other electronic media. as well as metadata and location data, without probable cause, individualized suspicion, or judicial authorization. This practice violates the Constitution’s guarantee that all persons shall be secure in their persons, houses, papers, and effects, including digital property, against unreasonable searches and seizures.
Precedent Case Law
1. Carpenter v. United States (2018): The Supreme Court held that accessing historical cell-site location information without a warrant constitutes a Fourth Amendment violation. Law enforcement’s retrieval of 127 days of location data without a warrant was ruled unconstitutional.
2. Riley v. California (2014): The Supreme Court unanimously ruled that the search of a cell phone incident to arrest requires a warrant, recognizing the vast amounts of sensitive personal data stored on mobile devices.
3. United States v. Hunt (9th Cir., 2022): The Ninth Circuit held that warrantless, suspicionless searches of a cell phone—even if claimed to be “abandoned”—were unreasonable and impermissible under the Fourth Amendment.
4. Kurbonali Sultanov v. CBP (E.D.N.Y., 2023): A federal district court found that CBP agents violated the Constitution when they manually searched a traveler’s cell phone at JFK Airport without a warrant. The ruling affirmed violations of both the Fourth and First Amendments.
These cases make clear that the federal government is bound by constitutional limits when it comes to accessing digital information. Despite this, under Secretary Nome’s authority, DHS has maintained and expanded these surveillance practices in defiance of well-established legal precedent and judicial rulings. This deliberate disregard for constitutional protections further erodes public trust, undermines the rule of law, and represents an abuse of executive power that endangers the rights of citizens, residents, and visitors alike. For these actions, Secretary Nome is charged with high crimes and misdemeanors and must be held accountable.
ARTICLE IV: Abuse of Authority in Constructing and Deploying a Centralized Surveillance System Targeting Immigrant Communities and U.S. Citizens
Secretary Noem, while serving as a civil officer of the United States, and under color of official authority, did knowingly and willfully: Facilitate the design, implementation, and deployment of the Immigration Lifecycle Operating System (ImmigrationOS) in partnership with Palantir Technologies, thereby enabling the aggregation and real-time surveillance of personal data including biometric, tax, immigration, and social data without adequate judicial oversight or safeguards. Oversee and approve the integration of sensitive databases across federal agencies, including the Social Security Administration, Internal Revenue Service, and the Department of Homeland Security into a single data platform without transparency, legislative approval, or compliance with Fourth Amendment protections against unreasonable searches and seizures.
Expand and direct the use of mass data analytics for the purpose of accelerating deportation proceedings and immigration enforcement operations in ways that violate the due process rights of immigrants and risk the unjust targeting of lawful residents and U.S. citizens. Approve or remain complicit in the use of artificial intelligence and predictive tools that threaten to profile individuals based on race, national origin, or immigration status, in contradiction to constitutional equal protection guarantees and U.S. anti-discrimination laws. Secretary Noem further:
Obstructed lawful congressional oversight by failing to disclose full details of the ImmigrationOS project and related surveillance infrastructure to members of Congress, watchdog agencies, and the public. Evaded transparency by fast-tracking multi-million-dollar contracts with Palantir under “urgent and compelling” justifications, bypassing standard procurement procedures and the checks and balances designed to prevent abuse.
Ignored or suppressed internal and external concerns, including those from civil liberties organizations and federal employees, regarding the legality and ethics of the surveillance infrastructure under her direction. Secretary Kristi Lynn Arnold Noem’s actions constitute a gross abuse of power, a betrayal of public trust, and a willful violation of the U.S. Constitution. These actions endanger the civil liberties of millions and establish a dangerous precedent for unchecked executive surveillance
