Sec. 185. Immigration and Customs Enforcement Ombudsman
576 words·~3 min read·
/bill/113/hr/3163/ih/section-185·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subtitle D of title III of the Homeland Security Act of 2002 ( 6 U.S.C. 251 et seq. ) is amended by adding at the end the following: There established in the Department of Homeland Security a position of Immigration and Customs Enforcement Ombudsman (referred to in this section as the Ombudsman ). The Ombudsman shall— report directly to the Assistant Secretary for Immigration and Customs Enforcement (referred to in this section as the Assistant Secretary ); and have a background in immigration law.
The Ombudsman shall— undertake regular and unannounced inspections of detention facilities and local offices of United States Immigration and Customs Enforcement to determine whether the facilities and offices comply with relevant policies, procedures, standards, laws, and regulations; report all findings of compliance or noncompliance of the facilities and local offices described in paragraph
(1)to the Secretary and the Assistant Secretary; develop procedures for detainees or their representatives to submit confidential written complaints directly to the Ombudsman; investigate and resolve all complaints, including confidential and anonymous complaints, related to decisions, recommendations, acts, or omissions made by the Assistant Secretary or the Commissioner of United States Customs and Border Protection in the course of custody and detention operations; initiate investigations into allegations of systemic problems at detention facilities; conduct any review or audit relating to detention, as directed by the Secretary or Assistant Secretary; refer matters, as appropriate, to the Office of Inspector General of the Department of Justice, the Office of Civil Rights and Civil Liberties of the Department, or any other relevant office or agency; propose changes in the policies or practices of United States Immigration and Customs Enforcement to improve the treatment of United States citizens and residents, immigrants, detainees, and others subject to immigration-related enforcement operations; establish a public advisory group consisting of nongovernmental organization representatives and Federal, State, and local government officials with expertise in detention and vulnerable populations to provide the Ombudsman with input on— the priorities of the Ombudsman; and current practices of United States Immigration and Customs Enforcement; and recommend to the Assistant Secretary personnel action based on any finding of noncompliance. Not later than June 30 of each year, the Ombudsman shall prepare and submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on the objectives of the Office of the Ombudsman for the next fiscal year. Each report submitted under paragraph
(1)shall include— full and substantive analysis of the objectives of the Office of the Ombudsman; statistical information regarding such objectives; a description of each detention facility found to be in noncompliance with the detention standards of the Department of Homeland Security or other applicable regulations; a description of the actions taken by the Department of Homeland Security to remedy any findings of noncompliance or other identified problems; information regarding whether the actions described in subparagraph
(D)resulted in compliance with detention standards; a summary of the most pervasive and serious problems encountered by individuals subject to the enforcement operations of the Department of Homeland Security, including a description of the nature of such problems; and such other information as the Ombudsman may consider advisable. . The table of contents in section 1(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended by inserting after the item relating to section 446 the following: Sec. 447. Immigration and Customs Enforcement Ombudsman. .
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources