Congressional Leaders Demand Meeting with DHS Acting Secretary Over New Ombudsman for Immigration Detention

WASHINGTON— Congressional leaders, led by CHC Chairman Castro and CHC Freshman Representative Escobar, called on Department of Homeland Security (DHS) Acting Secretary Chad Wolf to meet with them to further discuss the establishment of the Ombudsman for Immigration Detention and appointment of a new ombudsman. The Fiscal Year 2020 funding omnibus provided $10 million for the creation of this new office, which will fulfill specific functions, ranging from establishing a redress process for misconduct at the Department of Homeland Security to making recommendations to improve detention facilities. The new office of the Ombudsman is especially critical given that the Trump Administration continues to expand detention of immigrants and face reports of inhumane conditions and misconduct within DHS facilities. In fiscal year 2020 thus far, 10 immigrants have died in ICE custody. The previous fiscal year in total included 8 deaths in ICE custody.

The letter was led by CHC Chairman Joaquin Castro and CHC Freshman Representative Veronica Escobar, and signed by Judiciary Chairman Jerrold Nadler, Judiciary Subcommittee Chair Zoe Lofgren, Appropriations Subcommittee Chair Rosa DeLauro, Appropriations Subcommittee Chair José E. Serrano, Oversight Subcommittee Chair Jamie Raskin, Foreign Affairs Subcommittee Chair Albio Sires, Congresswoman Alexandria Ocasio-Cortez, Congressman Darren Soto, Congresswoman Grace F. Napolitano, Congresswoman Xochitl Torres Small, Congresswoman Nydia M. Velázquez, Congressman Juan Vargas, Congressman Gilbert R. Cisneros Jr., Congresswoman Linda T. Sánchez, Congressman Tony Cárdenas, Congressman Jason Crow, Congresswoman Pramila Jayapal, Congresswoman Jan Schakowsky, Congressman Adriano Espaillat, Congressman Ruben Gallego, Congresswoman Debbie Mucarsel-Powell, Congresswoman Sylvia R. Garcia, Congressman J. Luis Correa, Congressman Jesús G. "Chuy" García, and Congressman Raúl M. Grijalva.

"It is important that congressional intent is followed so that the Ombudsman office is widely perceived as robust and impartial, and that those who utilize the office have faith in its independence and leadership. Given that this is a time-sensitive issue, we request an urgent meeting with you and hope to confirm a meeting with you no later than April 10, 2020," the Members wrote. "In this meeting, we would like to further discuss the establishment of the new office and hope that you will carefully consider whom to appoint to this critical new position."

Full text of the letter follows and can be found here.

Dear Acting Secretary Wolf,

As you are aware, Public Law 116–93 established an Ombudsman for Immigration Detention and provided $10 million to begin setting up its operation. We are eager to see the Department move forward with organizing this office, but we are disappointed to see that the fiscal year 2021 budget request included no continuing funding for the office. We also want to underscore the importance of setting up the new office, and appointing the new ombudsman, in a way that ensures credibility.

With purposeful consideration, Congress directed that the Ombudsman "shall be a senior official with a background in civil rights enforcement, civil detention care and custody, and immigration law." The legislative language establishing the new office requires a number of specific functions, ranging from establishing a redress process for misconduct at the Department of Homeland Security (DHS) to making recommendations to improve detention facilities and requires the Ombudsman to have access to all departmental records necessary to execute the office's responsibilities. In addition, the law makes clear that the Ombudsman office shall have "unfettered access to any location within each [DHS] detention facility and shall be permitted confidential access to any detainee at the detainee's request and any departmental records concerning such detainee." Given this wide range of duties and access, it is critical that the appointed Ombudsman be someone with a demonstrated commitment to the law and to the rights of detainees, and that it be staffed and equipped with the resources necessary to provide a persistent presence at each detention location in order to execute its mission fully.

It is important that congressional intent is followed so that the Ombudsman office is widely perceived as robust and impartial, and that those who utilize the office have faith in its independence and leadership. Given that this is a time-sensitive issue, we request an urgent meeting with you and hope to confirm a meeting with you no later than April 10, 2020. In this meeting, we would like to further discuss the establishment of the new office and hope that you will carefully consider whom to appoint to this critical new position. Thank you for your attention to this matter and we look forward to hearing from you.

Sincerely,

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The Congressional Hispanic Caucus (CHC), founded in December 1976, is organized as a Congressional Member organization, governed under the Rules of the U.S. House of Representatives. The CHC is dedicated to voicing and advancing, through the legislative process, issues affecting Hispanics in the United States, Puerto Rico and U.S. Territories.