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

(a) Establishment The Department of Homeland Security must have a position called the Immigration Detention Ombudsman ("the Ombudsman"). The Ombudsman works independently from other DHS agencies and officers, and reports directly to the Secretary. The Ombudsman must be a senior official with a background in civil rights enforcement, civil detention care and custody, and immigration law. (b) Functions The Ombudsman's job is to: (1) Set up and run an independent, neutral, confidential process to receive, investigate, resolve, and fix cases where DHS officers, other DHS personnel, or contracted/subcontracted/cooperating staff mistreated people or violated their rights in immigration detention — including referring cases to the Inspector General for investigation, referring cases to USCIS for immigration relief, or taking other appropriate action. (2) Set up an accessible, standardized way to handle complaints against any CBP or ICE officer or employee, or contracted/subcontracted/cooperating staff, for breaking the law, professional conduct standards, contract terms, or detention policy. (3) Conduct unannounced inspections of facilities holding people in federal immigration custody — including state, local government, and privately run facilities. (4) Review and examine concerns or contract violations found in reviews, audits, investigations, or detainee interviews about detention facilities and services, and make recommendations to fix them. (5) Help people affected by possible misconduct, excessive force, or violations of law or detention standards by DHS officers, other personnel, or contracted/subcontracted/cooperating staff. (6) Make sure the Ombudsman's work complements — rather than duplicates — other functions that already exist within DHS. (c) Access to detention facilities The Ombudsman (or designated staff) must get unrestricted access to every part of each detention facility, and must be allowed confidential access to any detainee who requests it, plus that detainee's departmental records. (d) Coordination with department components (1) The Director of ICE and the Commissioner of CBP must each set up a process for formally responding to the Ombudsman's recommendations within 60 days of receiving them. (2) The Secretary must set up a process giving the Ombudsman access to all departmental records needed to do the Ombudsman's job under subsections (b) and (c), within 60 days of the Ombudsman requesting them. (e) Annual report The Ombudsman must write an annual report to Congress on its activities, findings, and recommendations.