Title 6, Domestic SecurityRelease 119-110

§205 Ombudsman for Immigration Detention

Title 6 › CHAPTER 1 — HOMELAND SECURITY ORGANIZATION › SUBCHAPTER IV — BORDER, MARITIME, AND TRANSPORTATION SECURITY › Part A — Border, Maritime, and Transportation Security Responsibilities and Functions › § 205

Last updated Sep 22, 2026|Official source

Summary

Creates an Immigration Detention Ombudsman job inside the Department of Homeland Security. The Ombudsman must be independent, report to the Secretary, and be a senior person with experience in civil rights, detention care, and immigration law. The office must run a neutral, confidential system to receive and investigate complaints about misconduct by DHS staff or contractors, seek remedies, and refer cases to the Inspector General, U.S. Citizenship and Immigration Services, or other appropriate parties. It must also set a standard complaint process for CBP, ICE, and contractors, do unannounced inspections of federal, state, local, and private detention facilities, review contracts and conditions, and help people harmed by misconduct. The Ombudsman must have full access to all parts of detention facilities, confidential access to detainees who request it, and access to detainee records. ICE and CBP must formally reply to the Ombudsman’s recommendations within 60 days. The Secretary must provide requested departmental records within 60 days. The Ombudsman must send an annual report to Congress about its work, findings, and recommendations.

Full Legal Text

Title 6, §205

Domestic Security, Source: USLM XML via OLRC

(a)In general

Within the Department, there shall be a position of Immigration Detention Ombudsman (in this section referred to as the “Ombudsman”). The Ombudsman shall be independent of Department agencies and officers and shall report directly to the Secretary. The Ombudsman shall be a senior official with a background in civil rights enforcement, civil detention care and custody, 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, including referral for investigation to the Office of the Inspector General, referral to U.S. Citizenship and Immigration Services for immigration relief, or any other action determined appropriate, for cases in which Department officers or other personnel, or contracted, subcontracted, or cooperating entity personnel, are found to have engaged in misconduct or violated the rights of individuals in immigration detention;

(2)Establish an accessible and standardized process regarding complaints against any officer or employee of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, or any contracted, subcontracted, 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 detention facilities holding individuals in federal immigration custody, including those owned or operated by units of State or local government and privately-owned or operated facilities;

(4)Review, examine, and make recommendations to address concerns or violations of contract terms identified in reviews, audits, investigations, 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 Department 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 existing functions within the Department of Homeland 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 detention 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 Customs Enforcement and the Commissioner of U.S. 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.

(2)Access to information

The Secretary shall establish procedures to provide the Ombudsman access to all departmental records necessary to execute the responsibilities of the Ombudsman under subsection (b) or (c) not later than 60 days after a request from the Ombudsman for such information.

(e)Annual report

The Ombudsman shall prepare a report to Congress on an annual basis on its activities, findings, and recommendations.

Reference

Citations & Metadata

Citation

6 U.S.C. § 205

Title 6, Domestic Security

Last Updated

Sep 22, 2026

Release point: 119-110