Attorneys General File Amicus Brief Opposing Closure of Offices that Address Civil Rights Violations within DHS and Provide Direct Assistance to Residents and Employers
Chicago – Attorney General Kwame Raoul joined a coalition of 20 other attorneys general in urging the U.S. District Court for the District of Columbia to maintain three offices within the U.S. Department of Homeland Security (DHS) that are meant to oversee the agency, protect people’s civil rights and help noncitizens with immigration matters.
In March, DHS announced plans over Congressional objection to shut down three offices within the agency, the Office for Civil Rights and Civil Liberties (CRCL), the Citizenship and Immigration Services Ombudsman (CIS Ombudsman), and the Office of Immigration Detention Ombudsman (OIDO), that were created by Congress to exercise oversight of various DHS programs. The offices’ sudden closure affects pending complaints and investigations, and DHS did not provide individuals or employers any alternative avenue for redress.
“These offices provide essential services employers and residents rely upon. The sudden closures are more examples of the Trump administration exceeding its statutory and constitutional authority,” Raoul said. “I will continue to work with my fellow attorneys general in calling out these illegal actions that ultimately harm residents in Illinois and around the country.”
Raoul and the coalition are urging the court to restore these offices to continue the services that employers and residents rely on and to continue oversight of various DHS programs.
In March, despite congressional objection, DHS announced it would unilaterally abolish three offices, CRCL, the CIS Ombudsman, and OIDO, through reductions-in-force. Attorney General Raoul and the coalition write in their amicus brief that shutting down these offices will harm employers and residents in Illinois and other states who rely on these offices for various services. For example, prior to its closure, the CIS Ombudsman provided direct assistance, ranging from employment authorization to naturalization, for noncitizens and employers in tens of thousands of immigration cases each year.
The attorneys general assert that without the services provided by the CIS Ombudsman, thousands of individuals in Illinois and other states will likely face denials or extreme delays in obtaining vital immigration documents such as work and student visas, work authorizations, and green cards. Moreover, the coalition argues that the closing of the CIS Ombudsman will be costly for many states that issue grants to fund legal assistance programs to help their residents apply for visas, asylum or temporary protected status.
In their brief, Raoul and the attorneys general warn that without the ability to make complaints to OIDO or to rely on OIDO’s site visit and unannounced facility inspections, detained individuals are likely to face unsanitary and dangerous conditions. Prior to its abrupt closure, OIDO’s case managers conducted hundreds of monthly site visits and unannounced inspections at detention facilities across the country. At site visits, case managers provided direct, face-to-face assistance to detained individuals. The inspections allowed OIDO to identify and remedy systemic issues such as critically low medical staffing levels, leaking roofs and mold in living areas. The OIDO also responded to thousands of complaints from detainees annually about issues related to living conditions and medical care.
Joining Attorney General Raoul in filing the brief are attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York North Carolina, Oregon, Rhode Island, Vermont and Washington.
