Court Magazine Exclusive: The Impeachment Push – Secretary Noem in the Crosshairs Amidst Growing Constitutional Scrutiny

WASHINGTON D.C. – January 16, 2026 – Washington is once again consumed by the specter of impeachment, not against the President, but squarely aimed at a key member of his cabinet: Secretary of Homeland Security Kristi Noem. This week, a formal resolution featuring three articles of impeachment was introduced by House Democrats, intensifying the legal and political scrutiny on the Department of Homeland Security (DHS) and the administration’s enforcement policies.

The move comes amidst a turbulent period marked by nationwide protests following the fatal shooting of an unarmed mother, Renee Nicole Good, by a federal Immigration and Customs Enforcement (ICE) officer in Minneapolis. This incident has ignited debate over the scope of federal authority and accountability, with critics accusing DHS of operating as a "secret police force."

The Articles of Impeachment: A Legal Blueprint

Led by Representative Robin Kelly (D-IL) and supported by over 70 House Democrats, the impeachment resolution against Secretary Noem outlines three primary accusations, each citing "high crimes and misdemeanors" – the constitutional standard for impeachment:

• Obstruction of Congress: This article alleges that Secretary Noem directed DHS officials to deny members of Congress access to ICE detention facilities for oversight purposes. Legal experts note that federal law generally grants Congressional members broad authority to inspect federal agencies and facilities, making such alleged obstruction a serious challenge to legislative oversight.

  
  

• Violation of Public Trust: The second article centers on accusations that Secretary Noem oversaw the implementation of "Operation Midway Blitz," allegedly involving warrantless arrests and excessive force against U.S. citizens and lawful residents. This charge directly implicates Fourth Amendment protections against unreasonable searches and seizures, fundamental to civil liberties.

  
  

• Self-Dealing: The third article delves into alleged financial improprieties, accusing Secretary Noem of bypassing competitive bidding processes to award a $200 million recruitment advertising contract to a firm reportedly run by the husband of a close associate and senior DHS official. Such allegations raise questions of federal procurement laws and ethics regulations designed to prevent conflicts of interest.

  
  

The Political Landscape: A Uphill Battle

Despite the formal introduction of the articles, their path to success remains challenging. The U.S. Constitution grants the House of Representatives the "sole Power of Impeachment," meaning any impeachment resolution must pass a majority vote in the House. With Republicans currently holding the majority, and Speaker Mike Johnson indicating a lack of appetite for such a measure, the resolution faces an immediate hurdle.

Should the House vote to impeach, the process would then move to the Senate, where a two-thirds majority (67 votes) is required for conviction and removal from office. Given the current partisan split in the Senate, achieving this supermajority is widely considered highly improbable. Secretary Noem has dismissed the impeachment effort as "political showmanship," while DHS has defended its operations as essential for national security.

Broader Impeachment Discussions: The President and Judiciary

Beyond Secretary Noem, impeachment discussions in Washington extend to other figures:

• President Donald Trump: House Democrats introduced a resolution (H.Res. 939) in late 2025, citing concerns over presidential rhetoric and alleged intimidation of the judiciary. However, this effort was blocked by the Republican House majority in December, effectively halting any immediate impeachment proceedings against the President. Constitutionally, a President can be impeached for "Treason, Bribery, or other high Crimes and Misdemeanors." While President Trump holds ultimate executive authority, the current charges against Secretary Noem are focused on her specific administrative actions rather than direct presidential directives in these instances.

• Federal Judges: A push by some Senate Republicans, notably Senator Ted Cruz, to impeach two federal judges—James Boasberg and Deborah Boardman—is also underway. These efforts allege judicial overreach in blocking administration policies. However, House Republican leadership has expressed caution, calling for further investigation before considering such measures.

  
  

The Road Ahead: Legal Scrutiny vs. Political Reality

The current impeachment efforts underscore the ongoing tension between legislative oversight and executive power. While the legal arguments against Secretary Noem touch upon critical constitutional principles and federal statutes, the political reality of a divided Congress means the path to removal from office is fraught with obstacles.

As the 2026 midterm elections approach, the political landscape could shift, potentially altering the dynamic for future impeachment attempts. However, for now, the fate of Secretary Noem's impeachment, and any broader implications for the administration, remains firmly in the hands of the current congressional majorities.