Sec. 3. Establishment of the Office of the Ombudsman for Border and Immigration Related Concerns
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Section 452 of the Homeland Security Act of 2002 ( 6 U.S.C. 272 ) is amended to read as follows: There shall be within the Department an Ombudsman for Border and Immigration Related Concerns (in this section referred to as the Ombudsman ). The individual appointed as Ombudsman shall have a background in immigration or civil liberties law or law enforcement. The Ombudsman shall report directly to the Secretary. The Secretary shall take appropriate action to ensure the independence of the Ombudsman’s office from other officers or employees of the Department engaged in border security or immigration activities.
The Secretary shall take appropriate action to ensure that the Ombudsman’s office is sufficiently staffed and resourced to carry out its duties effectively and efficiently. The functions of the Ombudsman shall be as follows: To establish an independent, neutral, and appropriately confidential process to receive, investigate, resolve, and provide redress, including immigration relief, monetary damages, or any other action determined appropriate, for complaints, grievances, or requests for assistance from individuals, associations, and employers regarding the border security and immigration activities of the Department.
To conduct inspections of the facilities, including contract facilities, of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services. To assist individuals and families who have been victims of crimes committed by aliens or of violence near the United States border, and individuals and families impacted by situations in which the Department has exercised force. To identify areas in which individuals, associations, and employers have identified concerns with respect to interacting with U.S.
Customs and Border Protection, U.S. Immigration and Customs Enforcement, or U.S. Citizenship and Immigration Services. To propose changes in the administrative practices of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services to mitigate problems identified under this section. To review, examine, and make recommendations regarding the border security and immigration and enforcement activities of U.S. Customs and Border Protection, U.S.
Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services. To establish a uniform and standardized complaint process regarding complaints against all Customs and Border Protection officers, Border Patrol agents, and CBP Agricultural Specialists for violations of standards of professional conduct. Such complaint process shall have the following components: Require that all complaints receive an independent review and investigation completed not later than one year from the date of receipt of each such complaint.
Require that complainants receive written confirmation of receipt of their complaints not later than 90 days from the date of receipt of each such complaint, and a written summary regarding the outcome of such complaints not later than one year after such date of receipt, including findings of fact, recommended action, and available redress. Feature a centralized multilingual online complaint form that includes street address, toll-free telephone number, and electronic mailbox address to permit an individual to file an immigration or border-related complaint and submit supporting evidence through the portal of choice of any such individual.
Information relating to such form shall be visible at ports of entry and at Border Patrol interior checkpoints. Include procedures for referring complaints to the Office for Civil Rights and Civil Liberties, Office of the Inspector General, or other appropriate agency of the Department of Homeland Security. Establish a publicly accessible national, standardized database capable of tracking and analyzing complaints and their resolution. Provide publicly accessible records, with copies of complaints, and their resolutions permanently preserved and available for inspection, while maintaining the confidentiality of complainants’ identities.
To establish an online detainee locator system for individuals held in U.S. Customs and Border Protection custody. In addition to the functions specified in subsection (d), the Ombudsman shall— monitor the coverage and geographic allocation of local offices of the Ombudsman, including appointing local ombudsmen for border and immigration related concerns; evaluate and take personnel actions (including dismissal) with respect to any employee of the Ombudsman; recommend disciplinary action, including contract termination, suspension, and debarment, or termination, suspension, and sanctions, to the appropriate departmental entity regarding any contractor proven to have violated departmental policies or procedures while executing any border security or immigration activity; refer to the Inspector General of the Department any complaints of the violation of departmental policies or procedures by any Department employee relating to border security or immigration activity; and provide a complainant with a summary of the outcome of any action taken in response to a complaint, grievance, or request for assistance from such complainant, including any findings of fact, recommended action, and available redress.
The following shall apply to all complainants: Any interested party, including a legal representative, may file a complaint through the complaint procedure pursuant to subsection (d)(7). Complainants and other individuals identified in a complaint shall be protected from retaliatory action by law enforcement or by any officer of the United States based on the content of such complaint, and no information contained in a complaint that is germane to such complaint may be used as evidence in any removal or criminal proceedings against the complainant or any individual identified in such complaint.
Neither the filing of a complaint nor the contents of a complaint shall in any way confer immunity or otherwise impact any removal or criminal proceedings against a complainant or an individual identified in such complaint. No personally identifiable information related to an individual involved in a complaint which would result in identification of such individual may be published. Complainants shall receive full assistance from the Department in filing complaints, including language assistance, accommodations for disabilities, and accurate and complete responses to their questions.
The Ombudsman is authorized to request the Inspector General of the Department to conduct inspections, investigations, and audits related to subsections (d), (e), and (f). The Director of U.S. Citizenship and Immigration Services, the Assistant Secretary of Immigration and Customs Enforcement, and the Commissioner of Customs and Border Protection shall each establish procedures to provide formal responses to recommendations submitted to such officials by the Ombudsman within 60 days of receiving such recommendations.
The Secretary shall establish procedures to provide the Ombudsman access to all departmental records necessary to execute the responsibilities of the Ombudsman under subsection
(d)or
(e)not later than 60 days after a request from the Ombudsman for such information. The Secretary shall— take all appropriate action to advise the public regarding the existence, duties, responsibilities, and grievance processes of the Ombudsman’s office; and shall promulgate regulations to ensure— the public’s ability to file grievances with the Ombudsman’s office electronically; and that absent written permission of all affected parties, all documents submitted to the Ombudsman’s office are used solely by the Ombudsman’s office to advance the purposes described in this section. Not later than June 30 of each year beginning in the year after the date of the enactment of this subsection, the Ombudsman shall submit to the appropriate congressional committees a report that includes the following: The number and type of complaints received in each Border Patrol sector, the demographics of complainants, the results of investigations, including violations of standards and any disciplinary actions taken, and an identification of any complaint patterns that could be prevented or reduced by policy training or practice changes. An inventory of complaints referred to in paragraph
(1)for which action has been taken and the time between receipt and resolution of each such complaint. An inventory of complaints referred to in paragraph
(1)for which action has not been taken after one year, the period during which each complaint has been open, and the reason for failure to resolve each such complaint. Recommendations the Ombudsman has made to improve the services and responsiveness of U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection, and any responses received from each such component or the Department regarding such recommendations Other information as the Ombudsman determines advisable. The Ombudsman, in conjunction with the Office for Civil Rights and Civil Liberties of the Department, shall establish a Border Community Liaison Office (in this subsection referred to as the Liaison Office ) in each Border Patrol sector on the northern and southern borders. Each Liaison Office under this subsection shall— foster cooperation between the Border Patrol, the Office of Field Operations of the Department, and border communities; consult with border communities on the development of policies, directives, and programs of the Border Patrol and the Office of Field Operations; and receive feedback from border communities on the performance of the Border Patrol and the Office of Field Operations. Each Liaison Office shall be comprised of equal representation from the community and U.S. Customs and Border Protection, including at least: One member of the community in which each Border Patrol sector is located who has expertise in migration, local public safety, civil and human rights, the local community, or community relations. One non-uniformed Border Patrol agent with significant experience working for the Border Patrol. One non-uniformed CBP officer with significant experience working for U.S. Customs and Border Protection. Not later than 180 days after the date of the enactment of this subsection, the Secretary shall submit to the appropriate congressional committees a report that assesses current efforts and technologies used at United States borders, and the impact on border communities of such efforts and technologies on civil rights, private property rights, privacy rights, and civil liberties. Not later than one year after the date of the enactment of this subsection, the Comptroller General of the United States shall submit to the appropriate congressional committees a report that assesses the following issues: How far into the United States interior the current activities, operations (including checkpoints), and claimed authority of U.S. Customs and Border Protection extend. The extent to which the area of activities, operations, and claimed authority referred to in paragraph
(1)is necessary. The effectiveness of U.S. Customs and Border Protection’s interior enforcement and its impact on civil, constitutional, and private property rights. . The table of contents of the Homeland Security Act of 2002 is amended by amending the item relating to section 452 to read as follows: Sec. 452. Ombudsman for Border and Immigration Related Concerns. .
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Sec. 3
Establishment of the Office of the Ombudsman for Border and Immigration Related Concerns
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