§ 1114 : OMBUDSMAN FOR IMMIGRATION RELATED CONCERNS OF THE DEPARTMENT OF HOMELAND SECURITY

IN GENERAL.—There shall be within the Department an Ombudsman for Immigration Related Concerns (in this section referred to as the Ombudsman). The individual appointed as Ombudsman shall have a background in immigration law as well as civil and human rights law. The Ombudsman shall report directly to the Deputy Secretary.

FUNCTIONS.—The functions of the Ombudsman shall be as follows:

1.

To receive and resolve complaints from individuals and employers and assist in resolving problems with the immigration components of the Department.

2.

To conduct inspections of the facilities or contract facilities of the immigration components of the Department.

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3.

To assist individuals and families who have been the victims of crimes committed by aliens or violence near the United States border.

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4.

To identify areas in which individuals and employers have problems in dealing with the immigration components of the Department.

5.

To the extent practicable, to propose changes in the administrative practices of the immigration components of the Department to mitigate problems identified under paragraph (4).

6.

To review, examine, and make recommendations regarding the immigration and enforcement policies, strategies, and programs of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services.

OTHER RESPONSIBILITIES.—In addition to the functions specified in subsection (b), the Ombudsman shall—

1.

monitor the coverage and geographic allocation of local offices of the Ombudsman, including appointing a local ombudsman for immigration related concerns ; and

2.

evaluate and take personnel actions (including dismissal) with respect to any employee of the Ombudsman.

REQUEST FOR INVESTIGATIONS.—The Ombudsman shall have the authority to request the Inspector General of the Department of Homeland Security to conduct inspections, investigations, and audits.

COORDINATION WITH DEPARTMENT COMPONENTS.—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 official by the Ombudsman.

ANNUAL REPORTS.—Not later than June 30 of each year, the Ombudsman shall 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 Ombudsman for the fiscal year beginning in such calendar year. Each report shall contain full and substantive analysis, in addition to statistical information, and shall set forth any recommendations the Ombudsman has made on improving 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 the Department regarding such recommendations.