Donald Trump, left, shakes hands with Kristi Noem at a campaign rally on Saturday, March 16, 2024, in Vandalia, Ohio. (AP Photo/Jeff Dean).
The Trump administration is now telling its own staff to make sure they preserve records in an ongoing lawsuit over allegations the U.S. Department of Homeland Security (DHS) was violating a legal mandate to retain text messages and other "electronic" data.
On Friday, in an 8-page joint status report, DHS and transparency-focused watchdog group American Oversight drew a district judge's attention to a government-issued notice demanding that certain officials "preserve documents and electronic records that relate to the subject matter of the complaint in this case."
The Freedom of Information Act (FOIA) lawsuit was filed in October. The group alleges a DHS statement regarding "text message data" about government business "generated after April 9, 2025, is no longer maintained" and thus evinces a violation of the Federal Records Act (FRA).
Earlier this month, DHS issued a mea culpa of sorts – saying technology changes resulted in both a "misunderstanding" and "erroneous information" being provided to American Oversight about the agency's record retention capabilities and practices.
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The lawsuit was filed after the group made demands for texts and other electronic records, like Signal messages and emails, involving DHS Secretary Kristi Noem and other DHS officials. The requested records involve the deployment of the National Guard to Los Angeles, the controversial detention facility known as "Alligator Alcatraz," the cases against Kilmar Abrego Garcia, and even texts "sent or received" by Secretary of Defense Pete Hegseth's brother Philip Hegseth, identified as "DHS's liaison and senior advisor at the Pentagon."
Now, DHS says officials are being told to maintain the relevant records.
From the filing, at length:
To most expeditiously collect and confirm preservation of the electronic messages for these DHS Officials, [the Office of the Chief Information Officer (OCIO)] deployed technicians to manually access the device and archive a copy of the device, including all electronic messages. As of November 14, 2025, OCIO has completed this effort for all of the officials named above…These copies are being stored on a secure, restricted OCIO server. A notice to preserve documents and electronic records that relate to the subject matter of the complaint in this case has also been issued to each of these officials.
The nonprofit group hailed the development.
"Weeks after admitting it provided 'erroneous' information about whether Secretary Noem and other senior DHS officials' text messages were saved, DHS has finally put these officials on notice to follow the law and properly preserve these records, which belong to the American people," American Oversight Executive Director Chioma Chukwu said in a press release. "These messages may shed light on decisions that profoundly impacted the lives of real families' futures, led to wrongful deportations, and put vulnerable communities at risk. The public deserves to know the truth about the government's actions, and we will continue pressing for answers and transparency."
The Trump administration has also agreed to provide the group with a forthcoming response to another agency.
In that response, DHS will provide information to the National Archive and Records Administration (NARA) about a Sept. 3, letter directing DHS to investigate and explain how its record-retention policies for text messages comply with the FRA.
The joint status report also offers a detailed explanation for why DHS initially provided the erroneous information to the watchdog.
Again, the filing, at length:
[T]he DHS Privacy Office (PRIV) mistakenly stated that it was unable to locate or identify any responsive records as DHS no longer had the capability to conduct a search of electronic messages. After further review, PRIV acknowledged that OCIO could still conduct searches for electronic messages consistent with existing DHS records management policy, which requires custodians to manually save screen shots of electronic messages that contain federal records to DHS systems. This mistake led to a premature response being issued.
Notably, however, the joint status report does not necessarily indicate the Trump administration is still in possession of all the records responsive to the group's original FOIA request.
And, while praising the new state of affairs, the group also set out a cautious stance for record retention policies going forward – saying the potential record-keeping deficiency may still run afoul of FRA.
"[B]ecause DHS relies on employees to screenshot and self-archive many electronic messages — a method that is not centrally searchable, as the government's declaration explains — this deficiency extends far beyond the records at issue here, affecting any electronic communication archived outside the government's forensic tools," the group added in their press release about the notice.
Matt Naham contributed to this report.