The Department of Homeland Security (DHS) “erroneously” told a watchdog group that it no longer retains text messages required by law, saying the “misunderstanding” stemmed from the department ending its use of a system that automatically preserved messages.
American Oversight said the admission raises questions about whether officials are following their obligation to manually save their messages and that they have yet to receive the public records it requested.
The disclosure came in a public records suit brought by the group to obtain text messages sent by Homeland Security Secretary Kristi Noem during immigration raids in Los Angeles.
DHS initially told the group that “text message data generated after April 9, 2025, is no longer maintained” and that the agency “no longer has the capability to conduct a search of text messages.”
But a sworn declaration made by DHS’s chief data officer said that the initial statement wasn’t true.
DHS, the official said, has stopped using a program that automatically preserved text messages, and employees instead must now “manually archive their messages.”
“Although the TeleMessage software reduced the burden on these officials to manually archive messages, and made it easier for the Department to respond to FOIA and discovery requests for these messages, DHS disabled TeleMessage in April 2025 due to cybersecurity failures,” the official wrote.
Court documents also show the National Archives asked DHS to investigate the potential destruction of records and report back by Nov. 3. However, by Oct. 30, an Archives official said they had not yet received a response from DHS.
“DHS has now admitted that it provided inaccurate information about whether Secretary Noem’s and other top agency officials’ text messages were properly preserved. We’re talking about messages exchanged amid major national controversies — from the deployment of military forces on American streets to inhumane immigration crackdowns,” Chioma Chukwu, Executive Director of American Oversight, said in a statement.
“After misleading us for months, DHS wants us to trust that the law is being followed. But the agency has not turned over the records we requested nor has it provided details about whether senior officials’ text messages have been preserved in accordance with the law. It’s time for transparency — not more empty assurances.”
DHS did not immediately respond to a request for comment.
The investigation from Archives came after a request from Democrats on the House Homeland Security Committee who said the episode raised questions about whether DHS violated the law by failing to notify of the destruction of public records.
