The Department of Homeland Security is under scrutiny after publishing a press release alleging that Democratic congressional candidate Janelle Stelson employed an undocumented migrant who was arrested for indecent exposure. The campaign is threatening legal action, while a watchdog group has petitioned the Office of Special Counsel to investigate whether an Immigration and Customs Enforcement official violated federal ethics rules.

On Wednesday, DHS announced the arrest of Chimaobim Adedayo Igbojekwe, whom it described as an "illegal alien from Nigeria" who exposed himself in public while working for a congressional campaign in Pennsylvania. The agency cited a statement from ICE Deputy Director Charles Wall, who said it was "unbelievable" that Stelson would employ an "illegal alien" and a "pervert." In response, Stelson stated at an event on Wednesday that Igbojekwe was neither an employee nor a volunteer. Campaign manager Alma Baker said the team is likely to take legal action against what she called a "coordinated misinformation campaign." The campaign sent cease and desist letters to several news outlets that reported the DHS claims as fact.

Federal Election Commission disbursements show that no one named Igbojekwe was paid by the Stelson campaign as of Sept. 30. The campaign also provided a search of its volunteer database that returned no results for his name. In its cease-and-desist letter, the campaign asserted that Igbojekwe was not employed by any campaign vendors. DHS did not respond to follow-up requests for comment regarding the legal threat, sending only its initial press release when asked.

The dispute centers on the source of DHS's claim. The agency cited Shore News Network, which in turn referenced a post by conservative activist Scott Presler on X. Presler's post claimed a Stelson canvasser was charged with indecent exposure but included a court document that did not mention the Stelson campaign. Presler did not respond to a request for comment.

Police records contradict the narrative of employment. An affidavit from East Pennsboro, Pa., police officer Trevor Jeffers, who made the initial arrest, stated that Igbojekwe told him he was in the neighborhood to hand out flyers for Stelson's campaign. Jeffers noted that Igbojekwe provided a stack of flyers as proof. However, the Stelson campaign has stated it had never heard of him prior to the arrest news. East Pennsboro Police denied a public records request for documents related to the case.

The incident has drawn attention to federal ethics protocols. Donald Sherman, executive director of Citizens for Responsibility and Ethics in Washington, wrote to the Office of Special Counsel that Wall's statement constituted "gratuitous partisanship." An OSC staffer confirmed in an email that the office would open a file to address the matter, which involves the Hatch Act prohibition on mixing federal government work with political campaigning. An OSC spokesperson confirmed the authenticity of the emails but declined further comment.

Deborah Fleischaker, a former acting ICE chief of staff under the Biden administration, told Axios that legal counsel during her tenure would likely have advised against such a statement. She noted that directly referencing an election in an official capacity is widely considered improper. Meanwhile, the Freedom Caucus Fund released a digital ad on Thursday describing Igbojekwe as a "Nigerian illegal alien campaigning for Democrat Janelle Stelson." The Cook Political Report rates the race between Stelson and Republican Rep. Scott Perry in Pennsylvania's 10th district as a toss-up, with AdImpact tracking more than $26 million in spending for the contest.