The emergency request is approved for a valid OMB control number for a period of 6 months, contingent on DHS publishing a 60-day notice for public comment within 90 days of the approval date.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
12/31/2021
6 Months From Approved
30,000
0
0
30,000
0
0
1,650
0
0
The Department of Homeland Securityâs (DHS) Office of the Immigration Detention Ombudsman (OIDO) is an independent office tasked with resolving individual complaints from or about individuals in immigration detention regarding the potential violation of immigration detention standards or other potential misconduct. OIDO was established by Congress (Sec. 106 of the Consolidated Appropriations Act, 2020, Public Law 116-93). Its intake form is intended for use by individuals wishing to submit a complaint to OIDO. Information collected will provide the office with details about the allegations the submitter seeks to have OIDO address.
The information collected on this form will allow OIDO to identify: (1) the individual submitting the complaint and their contact information; (2) the detained individual who is the subject of the complaint; (3) the government-owned or contracted facility where the individual is or was detained and for how long; and (4) relevant details about the complaint. All of this information will be used by OIDO to investigate, resolve, and if appropriate, provide redress.
Pursuant to 6 U.S.C. §205(b), the Office of the Immigration and Detention Ombudsman (OIDO) Case Management Division (CMD) is responsible for independently and impartially reviewing cases submitted by, or on behalf of, individuals affected by potential misconduct; excessive force or violations of rights of individual detainees; or violations of law, standards of professional conduct, contract terms, policy related to immigration detention, or detention standards that occurred while in immigration detention by U.S. Department of Homeland Security (DHS) officers, or other personnel, or contracted, subcontracted, or cooperating entity personnel, and thereafter seeking to resolve the matter or provide redress as appropriate. In order to review such cases, CMD requires a formalized and approved OIDO Case Intake Form. Individuals will utilize the OIDO Case Intake Form to present their case, provide relevant details related to their case, and submit any required privacy releases.
OIDO is a new office within DHS established by Congress under Sec. 106 of the Consolidated Appropriations Act of 2020. As a new office, OIDO has not yet established a case intake system or started collecting data from the public. However, OIDO must begin intaking cases from the public and collecting the information on its Case Intake Form in order to accomplish its statutorily mandated mission.
Pursuant to 6 U.S.C. §205(b), OIDO is responsible for independently and impartially reviewing cases submitted by, or on behalf of, individuals. OIDO cannot carry out this portion of its mission until a means is established for individuals to submit cases to OIDO. The OIDO Case Intake Form is that means, and any delay in reviewing and approving the Case Intake Form delays the publicâs ability to submit cases to OIDO and seek redress. In addition, the information gathered by the form is essential to OIDOâs mission, because it contains all of the data necessary for OIDO team members to review submitted cases and begin the process of investigating and resolving the matter.
OIDO cannot reasonably comply with the normal clearance procedures for two reasons. First, public harm is reasonably likely if normal clearance procedures are followed. Second, the unanticipated occurrence of the COVID-19 pandemic has created an emergent need for OIDOâs services.
Should the OIDO Case Intake Form move through normal Office of Management and Budget (OMB) clearance channels, it is likely that review and approval of the form may take a year or more. OIDO cannot incur such a wait, as collection of the information on the OIDO Case Intake Form is essential to OIDO establishing its operations and accomplishing its mission. Moreover, compliance with normal clearance procedures is unreasonable due to the unanticipated COVID-19 pandemic and the public harm that will result if normal clearance procedures are followed.
Additionally, Congress has expressed an urgency for OIDO to begin its operations. In 6 U.S.C. §205(b), Congress explicitly included a provision to withhold obligated funding until the Department appointed an Ombudsman, a clear incentive for the office to move quickly. In meetings with Congressmembers and congressional staffers, it was made clear that OIDO should prioritize establishing field operations within detention facilities. Recently, on May 26, 2021, during a House Appropriations Subcommittee Hearing titled, âDepartment of Homeland Security Resource Management and Operational Priorities,â Congress requested an update on OIDO operations to which DHS Secretary Mayorkas responded that OIDO should prioritize casework, complaints and concerns brought by individuals and organizations regarding conditions of immigration detention. Congress noted an interest in these cases, and, specifically, metrics of such cases. However, OIDO cannot begin this work until the public has the ability to submit cases through our Case Intake Form.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form DHS Form 405 DHS Form 405
E9-20159.pdf
Supporting Statement_OIDO Case Intake Form 6 2021.docx
DHS Form 405