WASHINGTON—U.S. Senator Chris Murphy (D-Conn.) on Tuesday sent a letter to the Government Accountability Office (GAO) requesting a legal opinion on the Department of Homeland Security’s purchase of six Boeing 737 planes, which may include the $70 million dollar acquisition of a luxury plane for Secretary Kristi Noem’s travel. While DHS has maintained that Noem’s luxury plane, outfitted by a New York interior designer with a queen bedroom, showers, a kitchen, four large flat-screen TVs and a bar, would be dually designated for deportations and cabinet-level travel, it currently can only accommodate 18 people - far below the necessary capacity for deportation flights. There is also no clarity as to the source of funds for the luxury plane.

Murphy argued Public Law 119-21, the authorizing statute DHS cited to buy the planes, does not in fact provide them with either the authority or appropriated funds to purchase new aircrafts for the agency, and DHS violated multiple statutes by acquiring the planes.

“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.

Refuting DHS’ notion that Congress gave them authority to buy the planes, he 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. As such, I understand that ICE does not have such authorization to purchase aircraft, irrespective of the source of funds.

He emphasized any aircraft purchase by DHS would require explicit congressional authorization: “Moreover, even if the purchase of aircraft could be considered related to the purpose of the appropriation, existing law as stated under 31 U.S.C. § 1343(d) prohibits aircraft purchases without specific authorization. Specifically, the statutory limitation provides, ‘An appropriation (except an appropriation for the armed forces) is available to buy, maintain, or operate an aircraft only (emphasis added) if the appropriation specifically authorizes the purchase, maintenance, or operation.’”

Murphy concluded: “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.”

The letter is available here. A full transcript of the letter is available below.

I write to request the Government Accountability Office (GAO) examine and issue a legal opinion regarding the Department of Homeland Security’s (DHS) recent acquisition of six Boeing 737 planes for the purpose of deportation and removal operations. DHS has confirmed these purchases through discussions with the Committees on Appropriations of the House of Representatives and the Senate, in the press,[1] and in DHS Assistant Secretary Tricia McLaughlin’s X post.[2] 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[3] and the Antideficiency Act (ADA) on the basis that neither DHS nor ICE was provided funding or authority to purchase such aircraft.

In November, DHS and ICE briefed the Committees on Appropriations of the House of Representatives and the Senate, that they used funding provided in Pub. L. No. 119-21, § 100052(4), 139 STAT. 388 (July 4, 2025) (“Public Law 119-21”) to make the purchase. However, there is no authority to make such a purchase in that section,[4] 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. As such, I understand that ICE does not have such authorization to purchase aircraft, irrespective of the source of funds.

Moreover, even if the purchase of aircraft could be considered related to the purpose of the appropriation, existing law as stated under 31 U.S.C. § 1343(d) prohibits aircraft purchases without specific authorization. Specifically, the statutory limitation provides, “An appropriation (except an appropriation for the armed forces) is available to buy, maintain, or operate an aircraft only (emphasis added) if the appropriation specifically authorizes the purchase, maintenance, or operation.”[5] 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.