DHS refusal to release texts raises federal records law concerns

DHS is facing new scrutiny over its handling of internal communications after twice telling watchdog group American Oversight that it could not provide text messages from senior officials related to sensitive operations, reports the New York Times.

In a 23 July letter, DHS denied a Freedom of Information Act (FOIA) request for texts concerning President Trump’s deployment of the National Guard to Los Angeles, stating that “text message data generated after April 9” were “no longer maintained.” The agency offered a similar response to a request pertaining to a controversial migrant detention camp in Florida, saying DHS no longer had the ability to search text messages.

Under the Federal Records Act, agencies must preserve documentation created during official duties and release records under FOIA unless exempt. Experts said DHS’s admission indicates a potential violation of federal law. “Text messages among top officials are records that must be preserved,” said Chioma Chukwu, American Oversight’s executive director.

The revelation comes amid broader concerns over disappearing communications in national security agencies. Earlier this year, Pentagon officials were exposed for using the encrypted app Signal—set to auto-delete—to discuss US military operations in Yemen. DHS has faced similar criticism before: in 2021, Secret Service texts from the 6 January attack were erased despite an inspector general’s preservation request.

Transparency advocates argue DHS cannot sidestep FOIA by claiming an inability to conduct searches. “Agencies cannot get away from responding to FOIA requests by intentionally degrading their capabilities,” said Lauren Harper of the Freedom of the Press Foundation. Anne Weismann, a George Washington University law professor, warned that such lapses make accountability impossible: “You can’t call yourself transparent if you’re not preserving data.”

Any federal investigation into potential violations would require referral from the National Archives to Attorney General Pam Bondi. DHS has not commented publicly on the matter.