6 U.S.C. § 205 — Ombudsman for immigration detention

Page 100 TITLE 6—DOMESTIC SECURITY § 205 which was set out in the Appendix to Title 5, Govern- ment Organization and Employees, and was substan- tially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table pre- ceding section 101 of Title 5. Statutory Notes and Related Subsidiaries SURFACE TRANSPORTATION SECURITY ADVISORY COMMITTEE MEMBERS Pub. L. 115–254, div. K, title I, § 1969(b), Oct. 5, 2018, 132 Stat. 3612, provided that: ‘‘(1) VOTING MEMBERS.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Ad- ministrator [of the Transportation Security Adminis- tration] shall appoint the voting members of the Sur- face Transportation Security Advisory Committee es- tablished under section 404 of the Homeland Security Act of 2002 [6 U.S.C. 204], as added by subsection (a) of this section. ‘‘(2) NONVOTING MEMBERS.—Not later than 90 days after the date of enactment of this Act, each Federal Government department and agency with regulatory authority over a mode of surface or maritime transpor- tation, as the Administrator considers appropriate, shall designate an appropriate representative to serve as a nonvoting member of the Surface Transportation Security Advisory Committee.’’ § 205. Ombudsman for immigration detention (a) In general Within the Department, there shall be a posi- tion of Immigration Detention Ombudsman (in this section referred to as the ‘‘Ombudsman’’). The Ombudsman shall be independent of Depart- ment agencies and officers and shall report di- rectly to the Secretary. The Ombudsman shall be a senior official with a background in civil rights enforcement, civil detention care and cus- tody, and immigration law. (b) Functions The functions of the Ombudsman shall be to— (1) Establish and administer an independent, neutral, and confidential process to receive, investigate, resolve, and provide redress, in- cluding referral for investigation to the Office of the Inspector General, referral to U.S. Citi- zenship and Immigration Services for immi- gration relief, or any other action determined appropriate, for cases in which Department of- ficers or other personnel, or contracted, sub- contracted, or cooperating entity personnel, are found to have engaged in misconduct or violated the rights of individuals in immigra- tion detention; (2) Establish an accessible and standardized process regarding complaints against any offi- cer or employee of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, or any contracted, subcon- tracted, or cooperating entity personnel, for violations of law, standards of professional conduct, contract terms, or policy related to immigration detention; (3) Conduct unannounced inspections of de- tention facilities holding individuals in federal immigration custody, including those owned or operated by units of State or local govern- ment and privately-owned or operated facili- ties; (4) Review, examine, and make recommenda- tions to address concerns or violations of con- tract terms identified in reviews, audits, in- vestigations, or detainee interviews regarding immigration detention facilities and services; (5) Provide assistance to individuals affected by potential misconduct, excessive force, or violations of law or detention standards by De- partment of Homeland Security officers or other personnel, or contracted, subcontracted, or cooperating entity personnel; and (6) Ensure that the functions performed by the Ombudsman are complementary to exist- ing functions within the Department of Home- land Security. (c) Access to detention facilities The Ombudsman or designated personnel of the Ombudsman, shall be provided unfettered access to any location within each such deten- tion facility and shall be permitted confidential access to any detainee at the detainee’s request and any departmental records concerning such detainee. (d) Coordination with department components (1) In general The Director of U.S. Immigration and Cus- toms Enforcement and the Commissioner of U.S. Customs and Border Protection shall each establish procedures to provide formal re- sponses to recommendations submitted to such officials by the Ombudsman within 60 days of receiving such recommendations. (2) Access to information The Secretary shall establish procedures to provide the Ombudsman access to all depart- mental records necessary to execute the re- sponsibilities of the Ombudsman under sub- section (b) or (c) not later than 60 days after a request from the Ombudsman for such infor- mation. (e) Annual report The Ombudsman shall prepare a report to Con- gress on an annual basis on its activities, find- ings, and recommendations. (Pub. L. 107–296, title IV, § 405, as added Pub. L. 116–93, div. D, title I, § 106(a), Dec. 20, 2019, 133 Stat. 2504.) PART B—U.S. CUSTOMS AND BORDER PROTECTION Editorial Notes CODIFICATION Pub. L. 114–125, title VIII, § 802(g)(1)(B)(iii)(I), Feb. 24, 2016, 130 Stat. 211, substituted ‘‘U.S. Customs and Bor- der Protection’’ for ‘‘United States Customs Service’’ in part heading. § 211. Establishment of U.S. Customs and Border Protection; Commissioner, Deputy Commis- sioner, and operational offices (a) In general There is established in the Department an agency to be known as U.S. Customs and Border Protection. (b) Commissioner of U.S. Customs and Border Protection (1) In general There shall be at the head of U.S. Customs and Border Protection a Commissioner of U.S.