DHS reverses decision to abolish Immigration Services Ombudsman and other oversight offices

Consequent to a court litigation, the US Department of Homeland Security (DHS) has disclosed that it will not abolish the three vital oversight bodies, viz: Office for Civil Rights and Civil Liberties (CRCL), Office of the Citizenship and Immigration Services (CIS) Ombudsman, and Office of the Immigration Detention Ombudsman (OIDO).

In short notes at the top of each office’s webpage, DHS states that each of the three offices responsible for assisting immigrants and overseeing complaints of civil and human rights and constitutional violations by individuals interacting with immigration officials, including those in DHS detention, would remain open.

TOI in its edition of April 5 had analysed the impact of the closure of these oversight offices, especially for the Indian diaspora – be they students, H-1b visa holders or green card holders. The most common issue which the CIS Ombudsman dealt with involved unreasonable processing delays, particularly for H-1b extensions where people were stuck in limbo for months despite following all rules. This office also played a vital role in intervening for F-1 students whose Optional Practical Training (OPT) applications were erroneously rejected by the US Citizenship and Immigration Services (USCIS).

Also read: Trump admin eliminates Ombudsman that helped immigrants: Be it H-1Bs, international students or even green card applicants

The reversal in decision by DHS follows a lawsuit, reported earlier by TOI, that was filed in a US district court (district of Columbia) against the DHS challenging the Trump administration’s decision to close these oversight offices. The lawsuit was filed by advocacy groups - Southern Border Communities Coalition, Robert F. Kennedy Human Rights and Urban Justice Centre. In a recent hearing, District Judge Ana Reyes instructed lawyers for DHS to clarify in a public statement that the offices are not being abolished.

While the advocacy groups welcomed the development, Lilian Serrano, Director of the Southern Border Communities Coalition added, “A disclaimer on their website after extensive litigation is not enough. If DHS must fully restore these offices and ensure every complaint of abuse is thoroughly investigated.”

Also read: Lawsuit challenges closure of ‘Immigration Services Ombudsman’ and other oversight offices by Trump administration