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By Hugh Cameron
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On Thursday, President Donald Trump announced that he would be replacing Kristi Noem as Secretary of the Homeland Security, while appointing her his Special Envoy for The Shield of the Americas, a newly created role.
But while Noem’s new diplomatic posting may have closed the chapter on her time at the Department of Homeland Security (DHS), her departure will not automatically shut down the legal and political scrutiny over her legacy as Trump’s immigration chief.
Over the past year, two judges have said they are exploring criminal contempt charges against the Trump administration over cases tied to agencies overseen by Noem.
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The Department of Justice said it could not comment on ongoing litigation, but a spokesperson told Newsweek that the administration "is complying with court orders and fully enforcing federal immigration law."
Why It Matters
Noem’s firing marks the first cabinet-level leadership change of Trump’s second term, and comes after months of mounting bipartisan scrutiny of Noem and her leadership of DHS as it carried out the president’s aggressive immigration enforcement agenda.
What To Know
Last March, federal District Judge James Boasberg issued an emergency order to block the removal of Venezuelan detainees being sent to El Salvador’s CECOT mega‑prison, ordering that any planes in the air be immediately turned around.
The administration allowed the flights to continue, and in April Boasberg said there existed "probable cause" to hold the Trump administration in criminal contempt of court for ignoring his initial order.
The decision, the DOJ later acknowledged, was made by Noem on the advice of Deputy Attorney General Todd Blanche and then-Principal Associate Deputy Attorney General Emil Bove. But the department said Noem’s action "did not violate the court’s order, much less constitute contempt."
“The aliens in question were alien enemies who were removed consistent with law and under appropriate authorities,” a DHS spokesperson told Newsweek. “Since that time, Judge Boasberg has initiated an unending crusade to willfully hamper the President’s efforts to protect the public from dangerous aliens.”
As of now, Boasberg has not issued a contempt finding or referred the matter for prosecution, and the issue remains under judicial review having been stalled amid successive government appeals and complaints regarding Boasberg’s authority.
Separately, in February, Chief U.S. District Judge Patrick J. Schiltz threatened criminal contempt proceedings against Noem and several Immigrations and Customs Enforcement (ICE) officials for the "continued violation" of court orders.
"This court will continue to do whatever is required to protect the rule of law, including, if necessary, moving to the use of criminal contempt," Schiltz wrote in the February 26 filing. "One way or another, ICE will comply with this court’s orders."
Schiltz identified 210 orders issued across 143 cases in Minnesota where he said ICE had failed to comply with court orders, a figure that was referenced by Senate Democrats during Noem’s congressional hearing on March 3.
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"Just last week, the Republican-appointed chief federal judge in Minnesota identified over 200 court orders that ICE officials had violated in the last two months," said Judiciary Committee Ranking Member, Senator Dick Durbin.
Despite Noem’s tenure as DHS chief having come to an end, Democrats are still hoping for what they describe as "a reckoning" over her record in office.
In an interview cited by NBC News, Representative Jamie Raskin listed deaths, violence, and questions over civil rights and liberties that took place under her watch.
And Noem’s new diplomatic role as a "special envoy" for the Trump’s Shield of the America’s Initiative is not expected to grant her any immunity or reprieve from the cases in which she is listed as a defendant.
"Diplomatic immunity is only a shield against foreign prosecution (and even then simply giving someone a special envoy title doesn’t necessarily suffice). It has no significance or effect whatsoever on domestic criminal jurisdiction," Chimène Keitner, Director of the Center for International Law and Policy at the U.C. Davis School of Law.
What People Are Saying
Noem wrote in a post on X: "Thank you @POTUS Trump for appointing me as the Special Envoy for the Shield of the Americas. @SecRubio and @SecWar are incredible leaders and I look forward to working with them closely to dismantle cartels that have poured drugs into our nation and killed our children and grandchildren."
Illinois Gov. J.B. Pritzker, in a video posted to X: "Here’s your legacy: corruption and chaos, parents and children tear gassed, moms and nurses, U.S. citizens getting shot in the face. Now that you’re gone, don’t think that you just get to walk away. I guarantee you, you will still be held accountable."
A DHS spokesperson told Newsweek: “ICE complies with all court orders as soon as it receives notice of them. A crush of litigation has caused the number of orders ICE is receiving to reach unprecedented levels. ICE will continue to work with the Department of Justice to ensure its compliance procedures are sufficient to comply with all court orders.”
What Happens Next
Noem is set to leave her position as DHS Secretary on March 31, and has already stepped into her special envoy role during the first Shield of the America’s summit in Florida last week.
Trump has named Republican Senator Markwayne Mullin as his nominee to succeed Noem. The administration has said it hopes to expedite the confirmation process, but an exact timeline has not been revealed.
Update 3/11/26 11:23 a.m. ET: This article was updated with a response from the Department of Homeland Security.
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