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By Billal Rahman
Immigration Reporter
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Former U.S. Border Patrol Commander-at-Large Greg Bovino, who was pushed out by the Trump administration following a series of fatal shootings involving immigration officers, told Newsweek that he expects Democrats to subpoena him when they take control of Congress in January.
“I think they will subpoena me for sure,” Bovino said.
It comes after a Democratic blue wave in Tuesday's midterm elections gave the party control of both chambers of Congress, significantly expanding its ability to investigate the Trump administration. Democrats have secured at least 54 Senate seats after flipping seven Republican-held seats in Maine, Iowa, Kansas, North Carolina, Ohio, South Carolina and Texas. Alaska and Mississippi remained uncalled as of Friday morning. Democrats have also won control of the House, securing 253 seats as of Friday.
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The results could dramatically expand congressional scrutiny of Department of Homeland Security (DHS) when the new Congress takes office, giving Democrats control of House committees and their investigative powers while also putting the Senate under Democratic control.
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The top Democrat on the House Homeland Security Committee put Homeland Security Secretary Markwayne Mullin on notice ahead of the party’s takeover of Congress, demanding that DHS preserve federal records and turn over documents sought by lawmakers.
Representative Bennie Thompson of Mississippi demanded written assurances that DHS records have not been destroyed, altered, removed or otherwise made inaccessible. The committee also renewed outstanding document requests from the current Congress.
In a letter on Wednesday, Thompson cited the Federal Records Act, which requires executive branch agencies to preserve records documenting government business, including policies, decisions and essential transactions. He said the requirements cover physical and electronic material, including social media posts and press releases.
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Thompson did not allege that Mullin or other DHS officials had destroyed records. Instead, he sought written assurances by November 11 that records were being preserved and reminded the department of federal laws covering the unlawful destruction or removal of government records.
“The Committee intends to closely observe the compliance of the Department — and all its components — with these preservation requirements,” Thompson wrote.
He also accused DHS of repeatedly refusing to cooperate with congressional oversight requests and said Democrats intend to pursue those requests in the 120th Congress.
A DHS spokesperson told Newsweek that the agency "responds to official correspondence through official channels.”
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DHS General Counsel James Percival told Newsweek: "It is unfortunate that Democrats are more interested in political shenanigans than in governing. Rest assured, however, that we are well prepared to deal with this nonsense so Secretary Mullin can continue focusing on protecting the homeland."
Richard W. Painter, a former White House ethics lawyer under the George W. Bush administration, wrote on X: "Destruction of federal documents is a felony. They'd better not even think about it."
The letter signals how Democrats could use their incoming congressional majorities to intensify scrutiny of DHS and the Trump administration, building on document demands and investigations already launched by committee Democrats. Those include requests for records connected to fatal shootings involving federal immigration officers during Operation Metro Surge, which was led by Bovino and then-Homeland Security Secretary Kristi Noem.
In January, committee members demanded records, video footage and information about the officers involved in the fatal shootings of U.S. citizens Renee Nicole Good and Alex Pretti in Minneapolis that month. The request instructed DHS to preserve all records related to its use of deadly force against U.S. citizens.
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Bovino, a nearly 30-year Border Patrol veteran, emerged as one of the most visible figures in the Trump administration’s immigration crackdown, leading high-profile enforcement operations in Los Angeles, Chicago and Minneapolis. He previously headed Border Patrol’s El Centro Sector and served in the agency’s tactical unit, BORTAC, before taking increasingly senior roles.
His aggressive enforcement approach also drew legal scrutiny, including in Chicago, where U.S. District Judge Sara Ellis ordered him to testify in litigation over agents’ use of force and later wrote that he had appeared “evasive” during his deposition.
Bovino also faced controversy over remarks he allegedly made during a January 12 conference call involving federal officials in Minnesota. CBS News, citing multiple sources familiar with the call, reported that Bovino expressed frustration after being told that U.S. Attorney Daniel Rosen, an Orthodox Jew, could not attend a Saturday meeting because he observes the Sabbath. One source said Bovino asked: “Do Orthodox criminals also take off on Saturday?” and used the phrase “chosen people” disparagingly.
In July, committee Democrats demanded another investigation after an ICE officer fatally shot Lorenzo Salgado Araujo in Houston that month. Their letter sought body-camera and vehicle-camera footage, communications concerning the operation, information about the officer, and records supporting DHS’ public account of the shooting.
House Democrats demanded independent investigations into the deaths of Ruben Ray Martinez, a U.S. citizen fatally shot by an ICE agent in Texas in March 2025, and Johan Sebastián Durán Guerrero, who was fatally shot during an ICE operation in Maine in July this year.
The committee’s Democrats also investigated DHS’ purchase of 10 aircraft from Daedalus Aviation, whose chief executive had donated to Noem. They continued seeking records from Mullin in October as part of their inquiry into the purchase.
Thompson, who chaired the committee from 2019 through 2023, is seeking to reclaim the gavel in January. He said Democrats would investigate the administration’s immigration policies, its use of DHS authority against Americans, and allegations of improper self-dealing. In the Senate, Maggie Hassan of New Hampshire is expected to lead the Homeland Security and Governmental Affairs Committee and has begun recruiting investigators and oversight lawyers.
Mullin is being asked to provide written assurances by November 11, followed by the outstanding documents and information no later than December 2.
Contact Newsweek editors on this story: Tobias Meyjes and Dave Siminoff.
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