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Inspector General Department of Homeland Security

Schumer calls for DHS IG investigation on NY Trusted Traveler programs

By Billie Owens

July 24, 2020

The Honorable Joseph V. Cuffari Inspector General
Department of Homeland Security 245 Murray Lane, SW Washington, D.C., 20528

Dear Inspector General Cuffari:

Yesterday, in a filing in U.S. District Court in New York, the Justice Department was forced to make the extraordinary admission that officials at the Department of Homeland Security had made inaccurate or misleading statements to the court about the Department’s February 2020 decision to bar New Yorkers from several Trusted Traveler programs, including Global Entry and TSA PreCheck. While it has always been obvious that the Department’s action was taken in political retaliation against residents in my state, DHS had maintained – until now – the implausible explanation that New York’s policies were somehow a threat to national security.

The Justice Department has now confirmed the falsity of that explanation, but we do not have a full accounting of why and how false statements were made by DHS officials to the Justice Department, the public, and the court. Lying to a federal court is a very serious matter and there must be accountability for the persons involved. I therefore request that you conduct an immediate investigation and provide answers to the following questions as soon as possible:

  1. Did officials within DHS order, direct, encourage, or suggest that these false statements be made to the Justice Department, the public, or the court?

  2. With whom outside DHS did officials discuss the false narrative, including officials at the White House, Justice Department, and other agencies?

  3. To what extent were discussions of the false narrative by DHS, Justice Department, or White House officials conducted via electronic mail or messaging?

  4. Did White House officials, up to and including the President, order, direct, encourage or suggest that DHS bar New Yorkers from the Trusted Traveler programs and use a false narrative to justify that decision?

Given that the Administration’s actions in this case involve potential violations of criminal law, I urge you to treat this investigation urgently and report your findings as quickly as possible.

Sincerely,

Charles E. Schumer United States Senator

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