Kristi Noem official under fire for illegally shaming 13-year-old — with fake accusation
A senior ICE official is under fire after publicly sharing a 13-year-old child's information — and an expert warns it "could lead to serious consequences."
DHS spokesperson Tricia McLaughlin, 31, who is the most senior public affairs official under Homeland Security Secretary Kristi Noem, revealed the identity, alleged criminal history and a photo of the child detained by ICE, The Daily Beast reported Monday.
McLaughlin is accused of sharing children's information not just once, but multiple times.
Her social media post and the DHS actions “could lead to serious consequences inside the government, such as an Inspector General investigation, disciplinary action, or even congressional scrutiny," Los Angeles-based criminal defense attorney Arash Hashemi told The Beast.
Public anger was rising after a Brazilian-born seventh-grader in Massachusetts was reportedly taken by federal agents to a juvenile detention center more than 500 miles away from his family.
In an attempt to stop the public criticism, McLaughlin and DHS tried to use social media.
"They claimed that the boy had an 'extensive rap sheet,' while listing some of his apparent past offenses. They also stated—falsely, it transpired—that he had been in possession of a firearm," The Beast reports.
It's illegal for DHS or law enforcement to share a child's information.
"Potential repercussions for DHS employees are not merely legal, either. DHS’ own privacy guidance restricts disclosure of federal juvenile-delinquency information by DHS components, and federal employees can face administrative action, referral to its own watchdog, the Office of Inspector General (OIG). DHS also identifies ICE records systems as subject to the Privacy Act, and unauthorized disclosure can lead to discipline and civil liability for the agency," The Beast reports.
And although claims about the child having a gun have been debunked, the DHS and McLaughlin's posts remain online.
“In administrations that function based on law and ethics rules, [McLaughlin] would already have been removed,” law scholar Nora Demleitner told The Beast.
And DHS and McLaughlin are either “oblivious to legal and ethics rules surrounding the release of juvenile records, or they don’t care," Demleitner added.