Senator requests GAO opinion on DHS’s purchase of Boeing jets

U.S. Senator Chris Murphy (D‑Conn.) on Tuesday sent a formal request to the Government Accountability Office (GAO) seeking a legal opinion on the Department of Homeland Security’s (DHS) recent acquisition of six Boeing 737 aircraft, including a $70 million luxury jet designated for use by DHS Secretary Kristi Noem.

In a press release accompanying the letter, Murphy noted that the aircraft – outfitted by a New York interior designer with a queen-size bedroom, showers, a kitchen, four flat‑screen televisions and a bar – is being marketed by DHS as “dual‑purpose” equipment for both deportation missions and cabinet‑level travel. The senator contended, however, that the jet’s 18-person capacity falls far short of the seating required for large-scale deportation flights. In addition, “There is also no clarity as to the source of funds for the luxury plane,” Murphy said.

Murphy’s letter cites Public Law 119‑21, the law that allocated transportation-related funding to U.S. Immigration and Customs Enforcement (ICE). He argues that the law does not expressly authorize the purchase of new aircraft.

“It is my strong belief that these purchases, made on behalf of U.S. Immigration and Customs Enforcement (ICE), constitute a violation of both the purpose statute and the Antideficiency Act (ADA) on the basis that neither DHS nor ICE was provided funding or authority to purchase such aircraft,” Murphy wrote in his letter.

The GAO is expected to review the request and deliver a legal opinion on whether the use of appropriated funds for the Boeing 737s complies with the purpose statute and the Antideficiency Act.

DHS has defended the purchase, asserting that the aircraft will efficiently serve multiple missions, including high‑level diplomatic travel and the repatriation of noncitizens.

Refuting DHS’ notion that Congress gave them authority to buy the planes, Murphy continued, “There is no authority to make such a purchase in that section, or elsewhere within the bill. While Public Law 119-21 provided transportation-related funding to ICE, I believe that this funding was limited to ICE’s existing operations. In other words, this funding was appropriated to ICE to be used to transport noncitizens. Public Law 119-21 does not provide affirmative authority to purchase aircraft and ICE does not have existing authority to purchase aircraft.” He emphasized that any aircraft purchase by DHS would require explicit congressional authorization.

Murphy concluded his letter saying, “I believe that because ICE did not receive an appropriation specifically authorizing the purchase of aircraft, ICE’s purchase of Boeing 737 planes is impermissible. Accordingly, we request that GAO issue a legal opinion to determine whether ICE’s use of appropriated funds to purchase aircraft is permissible under the purpose statute and the Antideficiency Act.”