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.
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 Security’s
(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 public’s ability to submit cases to OIDO and
seek redress. In addition, the information gathered by the form is
essential to OIDO’s 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 OIDO’s 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, “Department of Homeland Security
Resource Management and Operational Priorities,” 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