Mullin says he would require judicial warrants to enter homes

Sen. Markwayne Mullin, who is running for head of the Department of Homeland Security, signaled a potential policy shift from his predecessor, Kristi Noem, by saying federal immigration agents would need judicial warrants to enter private homes or businesses.

“We will not enter a home or business without judicial warrant unless we are pursuing the person entering a business or home,” Mullin, R-Okla., said at his confirmation hearing Wednesday when asked about an internal Immigration and Customs Enforcement memo authorizing warrantless arrest and entry.

He also told the Senate Homeland Security and Governmental Affairs Committee that he does not plan to send DHS law enforcement to polling places after President Donald Trump called last month to “nationalize” the election.

“The only reason my officers are there is not to intimidate, but if there is a specific threat to them,” Mullin said.

Mullin’s appearance on Wednesday is the first of two meetings before the panel led by Paul this week. Trump appointed Mullin, a close congressional ally of the president, to head DHS earlier this month after shooting Noem is mired in controversy.

Hearing, Chairman Sen. It got off to a tense start, with Rand Paul, R-Ky., calling out Mullin for comments he made about Paul. In February, Mullin reportedly called the Kentucky Republican a “terrible snake” and suggested Paul understand why a neighbor attacked him in 2017.

“I wonder whether someone who applauds violence against his political opponents is the right person to lead an agency that struggles to recognize the limits of the appropriate use of force,” Paul said.

“Today I’m going to give you a chance to break the record,” Paul continued. “Tell me to my face why you think I deserve this. And while you do it, explain to the American public and ICE and Border Patrol agents why they should trust a man with anger issues to set the right example.”

Mullin did not strike a conciliatory tone in response.

“We don’t get along. But sir, that doesn’t stop me from doing my job at all,” Mullin told Paul. “I may have different views with everyone in this room, but as Home Secretary I will protect everyone.”

“The record must and I think will show a lack of remorse, a lack of apology and a lack of contrition for your support, you fully understand the violence that was inflicted on me,” Paul said.

Republicans have an 8-7 edge in the committee, and Mullin needs a simple majority to reach the full Senate. Paul’s opposition could complicate his candidacy, but Sen. John Fetterman, D-Pa., said it could complicate Paul’s candidacy. I would vote in support From Mullin.

Mullin is a hardliner who supports the Trump administration’s immigration policies but is generally liked by his Senate colleagues. Alongside him Wednesday is former House Speaker Kevin McCarthy, R-Calif. and former Republican and Democratic House colleagues, including Rep. Josh Gottheimer, a moderate New Jersey Democrat.

Sitting right behind Mullin was Teamsters President Sean O’Brien, the union leader with whom Mullin nearly got into a physical altercation during a Senate hearing in 2023. According to Mullin, the two have become friends ever since.

“He is someone who has the rare ability to bring people together on both sides of the aisle,” said Sen. James Lankford, R-Okla.

But those strong, bipartisan relationships did not spare Mullin from tough questions from Democrats on the panel, who harshly criticized Trump’s mass deportation policies and liberal deployment of Immigration and Customs Enforcement and other federal immigration agents.

Sen. Gary Peters, D-Mich., the committee’s top Democrat, asked Mullin about his response to the killings of Alex Pretti and Renee Good, who were both killed by federal immigration agents in Minneapolis earlier this year. Before the investigation was completed, Mullin called Pretti, a federal critical care nurse, and said,unstable individual,” echoed claims Noem made in the immediate aftermath of the murder.

Peters asked, “Can we expect these kinds of rapid responses if you are confirmed as Secretary?” he asked.

“Those remarks probably should have been retracted. I shouldn’t have said that and as secretary I wouldn’t have said that. The investigation is ongoing,” Mullins said. “Sometimes I’ll make a mistake and I accept that. I went there too fast that time.”

Peters also questioned Mullin, who has never served in the military, about recent comments he made after the start of the war in Iran.

“War is ugly. It stinks. And if anyone has been there and been able to smell and taste and feel it in their nostrils and hear the war going on around you, it’s something you never forget. And it’s ugly,” Mullin told Fox News.

In response to Peters’ questions about his first-hand experience abroad, Mullin talked about “secret” official trips during his time as a member of the House of Representatives.

“In 2015, I was asked to train with a very small chance and go to a certain area,” Mullin said. “During this time I was required to pass, I had to meet certain educational qualifications,” Mullin said.

“Where did you smell the war, sir?” Peters continued.

Mullin said he “never spoke specifically” about the details of the trip.

Some Democrats critical of DHS have said since Mullin’s election that a change in leadership would have little effect on changing policy as long as Stephen Miller, Trump’s deputy chief of staff and homeland security adviser, remains in power. And Mullin didn’t stray too far from the administration when asked about specific points of immigration policy.

Asked by Sen. Richard Blumenthal, D-Conn., about ICE arrest quotas, Mullin responded: “I haven’t been given any quotas, sir. … The president of the United States sets policies, and I will work with the president.”

—This is a developing story. Please check back for updates.