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February 10, 2023
New Mexico’s Legal & Financial Weekly
Vol. 10.103 No. 6
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Office of the Immigration Detention Ombudsman delivers new approach to oversight at U.S. detention facilities
T
he Office of the Immigration Detention Ombudsman (OIDO) is a resource for advocates, legal representatives, and family members of detained individuals to file complaints about misconduct or poor living conditions in U.S. immigration detention and custody. The Office’s intake form, DHS Form 405, enables individuals who have been detained---or their representatives--to submit confidential claims about treatment and conditions in immigration detention facilities. This includes issues such as staff misconduct, inadequate medical treatment, poorly maintained bathrooms or rest areas, lack of access to counsel, or safety issues that could result in harm to detainees.
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OIDO has completed numerous observations and inspections of detention sites and facilities throughout the U.S., strengthening its capabilities and field perspective, spreading public awareness of its purpose and activities, a n d building a cooperative network of stakeholders.
Created by Congress in 2019, OIDO While OIDO’s charge is broad, it is an independent office within the U.S. does not have the authority to handle Department of Homeland Security matters related to release, community (DHS)—separate from Immigration supervision, alternatives to detention, and Customs Enforcement (ICE) and immigration status, or claims for Customs and Border Protection (CBP). asylum. The results of an OIDO The Office is charged with investigating inspection do not affect the status of complaints about treatment and a detainee’s immigration case, either conditions in U.S. detention facilities positively or negatively. that hold individuals in federal immigration custody. OIDO also provides oversight to ensure facilities comply OIDO’s complaint process also is not meant to supersede or replace existing with the law and standards for immigration detention. complaint processes used at detention facilities; rather, it is considered an additional line of support for advancing a complaint toward resolution and is “Our mission involves assessing individual complaints, conducting announced designed to complement existing oversight functions within DHS. and unannounced inspections, reviewing detention contracts, and carrying out studies and surveys on trends in immigration detention to report to the While OIDO officials fulfill their role of independence and neutrality, DHS Secretary, ICE, CBP, and Congress,” said acting Immigration Detention they also recognize the benefits of partnering with ICE and CBP to ensure Ombudsman David Gersten. “Our unique role distinguishes OIDO as an its recommendations for improving detention facility conditions are important and objective conduit of information regarding immigration implemented as Congress intended. OIDO has team members working with detention for policymakers and the public.” CBP’s Joint Intake Center to review complaints filed regarding that agency to ensure responsiveness and impartiality. OIDO also coordinates with the A key objective for OIDO is accessibility, and this includes translating DHS Office for Civil Rights and Civil Liberties, Office of Inspector General, information and resources, including complaint forms, into multiple languages and component Offices of Professional Responsibility to facilitate appropriate and making those resources readily available to detainees in facilities and the handling of matters within their respective areas of responsibility. public online. Looking forward, OIDO’s vision is to build awareness of and enhance its OIDO has established a persistent presence inside detention and custody role as an accessible and responsive entity providing redress to individuals in settings. Case managers and detention oversight investigators who understand immigration detention. This includes building and strengthening relationships detention matters and can recommend solutions to complaints about detainee with DHS component agencies as well as external partners, leveraging treatment and facility conditions regularly visit detention facilities. By having information and expertise to inform decision makers and the public, hiring this independent oversight consistently present in ICE and CBP facilities, additional oversight staff, and creating a workforce culture built on trust, OIDO can be proactive and timely in helping to resolve detention issues. transparency, and impact. “The staff of OIDO embody passion for and are trained in immigration, “Our goal for 2023 is to build on the substantial organizational growth we civil detention care and custody, and protecting the rights of individuals in experienced in 2022, while fulfilling our role as an objective, independent immigration detention,” Gersten said. “We are committed to serving as a trusted watchdog and intermediary for complaints filed by immigration detainees,” and neutral resource for the community of detainees and their advocates as Gersten said. we collectively work to create a more safe and humane immigration detention To learn more about OIDO or file a complaint, visit DHS.gov/OIDO. system.” -(NewsUSA)