Sec. 201. Establishment of the Office of the Ombudsman for Border and Immigration Related Concerns
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Subtitle C of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 231 et seq.) is amended by adding at the end the following new section: The Secretary shall appoint an Ombudsman for Border and Immigration Related Concerns (hereinafter referred to as the Ombudsman ), who shall— be independent of Department agencies and officers; report directly to the Secretary; and have a background in immigration, civil rights, and law enforcement. The functions of the Ombudsman shall be to— establish an independent, neutral, and confidential process to receive, investigate, resolve, and provide redress, including referral for investigation to the Office of the Inspector General, referral to the Office of Civil Rights and Civil Liberties to investigate complaints and information indicating possible abuses of civil rights or civil liberties, referral to U.S.
Citizenship and Immigration Services for immigration relief, or any other action determined appropriate, in cases in which Department employees, or subcontracted or cooperating entity personnel, are alleged to have engaged in misconduct or violated the rights of individuals, associations, or employers; establish an accessible and standardized complaint process regarding complaints against any employee of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, or any subcontracted or cooperating entity personnel, for violations of law or violations of standards of professional conduct pertaining to interaction with a United States citizen or non-United States citizen in the course of carrying out any duty under law; and identify and thereafter review, examine, and make recommendations to the Secretary or designee to address chronic concerns in border security and enforcement activities of U.S.
Customs and Border Protection and U.S. Immigration and Customs Enforcement. On an annual basis, starting one year after the date of the enactment of this section, the Secretary shall submit to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate a report prepared by the Ombudsman that provides information regarding the Office of the Ombudsman’s activities for the prior year, including information relating to the following:
The number of complaints received in the period, with information on each complaint including whether it is against any employee of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, or any subcontracted or cooperating entity personnel, for violations of law or violations of standards of professional conduct pertaining to interaction with a United States citizen or non-United States citizen in the course of carrying out any duty under law, when and where the incident that gave rise to the complaint occurred, including, where possible, identification of the port of entry, U.S.
Border Patrol station, or detention facility where the alleged incident occurred. The number of investigations commenced or carried out in the period, with information on each investigation including whether it involves any employee of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, or any subcontracted or cooperating entity personnel, for violations of law or violations of standards of professional conduct pertaining to interaction with a United States citizen or non-United States citizen in the course of carrying out any duty under law.
The number of complaints resolved in the period, with information on how each complaint was resolved, including for those complaints that were— referred for investigation to the Office of the Inspector General; referred to the Office of Civil Rights and Civil Liberties; referred to U.S. Citizenship and Immigration Services for immigration relief; and resolved in some other manner. Findings and recommendations for the period that address chronic concerns in border security and enforcement activities of U.S.
Customs and Border Protection and U.S. Immigration and Customs Enforcement, including the impact of such activities on border communities and the civil rights, property rights, privacy rights, and civil liberties of residents of such communities. Any actions taken by the Department to implement recommendations that address chronic concerns in border security and enforcement activities. Not later than 30 days after receiving the annual report required pursuant to subsection (c), the Secretary shall publish the annual report on the website of the Department and in the Federal Register, together with any feedback from the Secretary regarding the report.
In the absence of the written consent of an individual who submits a complaint, the Ombudsman shall keep confidential the identity of and any identifying information relating to that individual. . The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by striking the items relating to sections 435 and 436 and inserting the following new items: Sec. 435. Maritime operations coordination plan. Sec. 436. Maritime security capabilities assessments. Sec. 437.Establishment of the Office of Ombudsman for Border and Immigration Related Concerns. .
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Sec. 201
Establishment of the Office of the Ombudsman for Border and Immigration Related Concerns
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