Trump admin puts Kristi Noem on notice to preserve text messages amid FOIA lawsuit

WASHINGTON, DC: Homeland Security Secretary Kristi Noem has been ordered to preserve her text messages as part of an ongoing legal case involving the Trump administration, as per Law & Crime. 

The lawsuit was filed by American Oversight under FOIA (Freedom of Information Act) and FRA (Federal Records Act) because DHS failed to properly preserve text messages and other electronic records.

Previously, the government apologized for an error related to the lawsuit. Keeping this matter upfront, Chioma Chukwu, Executive Director of American Oversight, said, "The public deserves to know the truth about the government’s actions."

Trump administration issues preservation notice to Kristi Noem

In October, watchdog group American Oversight filed a Freedom of Information Act (FOIA) lawsuit claiming the Department of Homeland Security (DHS) failed to save text messages related to official government business. This is considered a potential violation of the Federal Records Act.

The lawsuit highlights DHS’s admission that messages "generated after April 9, 2025, are no longer maintained," a potential violation of the Federal Records Act (FRA). Now, weeks into the legal battle, American Oversight is pressing DHS to preserve these records.

As per Law & Crime, "On Friday, in an 8-page joint status report, DHS and transparency-focused watchdog group American Oversight drew a district judge's attention to a government-issued notice demanding that certain officials 'preserve documents and electronic records that relate to the subject matter of the complaint in this case.'" 

Earlier this month, DHS admitted it had provided "erroneous information" about its record-keeping capabilities, blaming the mistake on technology changes. 

Chioma Chukwu said,  "Weeks after admitting it provided ‘erroneous’ information about whether Secretary Noem and other senior DHS officials’ text messages were saved, DHS has finally put these officials on notice to follow the law and properly preserve these records, which belong to the American people."

"These messages may shed light on decisions that profoundly impacted the lives of real families’ futures, led to wrongful deportations, and put vulnerable communities at risk," Chukwu continues.

The records in question cover sensitive matters such as the National Guard’s deployment in Los Angeles, the detention centre dubbed “Alligator Alcatraz,” the Kilmar Abrego Garcia case, and text messages sent or received by Philip Hegseth, brother of Defence Secretary Pete Hegseth and DHS’s senior advisor at the Pentagon.

DHS text preservation order sparks major accountability battle

So, why is the preservation order such a big deal? It’s a crucial step in a case that could become a major battle over transparency and accountability. The outcome could affect DHS policies, impact immigrant communities, and shape public trust in how government records are maintained.

The timing of the text messages no longer being maintained starting in April, which coincides with increased public scrutiny of the department’s harsh immigration enforcement practices, including the wrongful removal of Kilmar Abrego Garcia, as per American Oversight.

"DHS’s apparent failure to preserve text messages is no accident; it appears to be a deliberate cover-up. The agency admits it stopped saving critical records at the very moment it was under fire for defying court orders - records that could expose how officials broke the law, endangered lives, and tore families apart," said Chioma Chukwu, Executive Director of American Oversight.