Sec. 205. Immigration and Customs Enforcement Ombudsman
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Subtitle D of title IV 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 a position of Immigration and Customs Enforcement Ombudsman (referred to in this section as the Ombudsman ). The Ombudsman shall— report directly to the Director for U.S. Immigration and Customs Enforcement (referred to in this section as the Director ); and have a background in immigration law. The Ombudsman shall— undertake regular and unannounced inspections of detention facilities and local offices of U.S.
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 Director; 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 Director or the Commissioner of U.S. 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 Director; 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 U.S. 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 U.S. Immigration and Customs Enforcement; and recommend to the Director personnel action based on any finding of noncompliance. Not later than June 30 of each year, the Ombudsman shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report 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 or other applicable regulations; a description of the actions taken by the Department 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, including a description of the nature of such problems; and such other information as the Ombudsman may consider advisable. In this section: The term detainee has the meaning given that term in section 3 of the Protecting the Rights of Families and Immigrants Who Legally Entered From Detention Act . The term detention facility means any Federal, State, or local government facility, or any facility providing services under government contract, which is used to hold detainees for more than 72 hours. . The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ; 116 Stat. 2135) is amended by inserting after the item relating to section 446 the following: Sec. 447. Immigration and Customs Enforcement Ombudsman. .
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- Pub. L. 107-296
- 116 Stat. 2135
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Sec. 205
Immigration and Customs Enforcement Ombudsman
Pub. L.Pub. L. 107-296
Stat.116 Stat. 2135
Cites 3Cited by 0 across 0 sources