Kristi Noem may have left the Department of Homeland Security, but the legal battles related to the Trump administration’s immigration policies are still proceeding.
President Donald Trump removed Noem as homeland security secretary last week and appointed her as special envoy for the new “Shield of the Americas” initiative after months of controversy surrounding immigration enforcement and other issues at DHS. AP and Reuters reported that Noem became the first Cabinet official fired in Trump’s second term, and Trump chose Sen. Markwayne Mullin of Oklahoma to replace her.
Her exit does not eliminate the legal conflicts that arose during her time in office. Newsweek reported that judges are still considering possible contempt actions in cases involving immigration enforcement by agencies Noem oversaw. These cases focus on whether federal officials ignored court orders, delayed compliance, or kept migrants in custody after judges ordered their release.
The strongest criticism has come from Minnesota, where Chief U.S. District Judge Patrick Schiltz warned late last month that ICE officials and federal prosecutors might face criminal contempt if violations continued.
Kristi Noem is out at DHS. Here’s a TV commercial of her on a horse, filmed five months ago at Mount Rushmore, for an ad campaign that cost more than $200 million pic.twitter.com/U1RtvlYc4w
— Drew Harwell (@drewharwell) March 5, 2026
In one order, Schiltz stated, “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.” He added, “One way or another, ICE will comply with this Court’s orders.” AP reported that Schiltz also noted the court was not aware of any time in U.S. history when judges had to repeatedly threaten contempt to ensure the federal government followed court orders.
The Minnesota disputes arose from a surge in immigration arrests in and around Minneapolis. The Washington Post reported Monday that more than 4,000 immigrants were arrested during Operation Metro Surge between December and February, with judges identifying repeated failures to follow release orders and other directives. According to the Post, at least 113 violations were noted across 77 cases, while some detainees remained in custody or were transferred even after courts ordered their release.
Another significant case still affecting the administration involves deportation flights sent to El Salvador under the Alien Enemies Act. In April 2025, U.S. District Judge James Boasberg stated that the government’s actions showed “willful disregard” for his order and indicated there was probable cause to find the government in criminal contempt.
The D.C. Circuit later paused that contempt process, Reuters reported, but the issue remains part of the broader legal conflict over Trump’s immigration agenda.
The legal pressure has continued in other areas. Reuters reported Tuesday that immigrant rights groups sued after DHS moved to end Temporary Protected Status for about 1,100 Somalis, claiming the decision was flawed and biased. On Sunday, another federal judge blocked an administration rule that would have greatly reduced the time immigrants had to file appeals, determining that the government failed to follow required notice-and-comment procedures.
Noem has taken on a new foreign-policy role, but the judges reviewing DHS and ICE conduct are still addressing the consequences of her actions. For now, her departure from DHS marks the end of one chapter in the administration’s immigration crackdown, but the legal aftermath remains.
