Download:
pdf |
pdfDEPARTMENT OF HOMELAND SECURITY
Office of the Immigration Detention Ombudsman
OMB Control No. 1601-NEW
Date: XX/XX/XXXX
CASE INTAKE FORM
The Office of the Immigration Detention Ombudsman (OIDO) reviews cases submitted by, or on behalf of, individuals affected by
misconduct, excessive force, or violations of law, rights, policy, or standards in immigration detention settings by the U.S.
Department of Homeland Security (DHS). Please note that OIDO cannot provide legal advice. It is an independent office within DHS
and is not part of U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP).
PURPOSE OF THIS FORM
To receive assistance regarding an incident that occurred while in immigration detention, please submit this form. OIDO will examine
the case and, upon verification, seek to resolve the matter or provide redress as appropriate.
The incident for which this form is being submitted must be related to an allegation of:
• Misconduct,
• Excessive force,
• Violation of an individual detainee’s rights, and/or
• Violations of law, standards of professional conduct, contract terms, or policy related to immigration detention.
OIDO does not review or adjudicate requests to reconsider the determination to detain an individual, the reasons for such
immigration detention, the denial of a request for release from immigration detention (including parole), or the standards for
considering requests for release.
AND
The alleged misconduct or violation(s) must have been committed by:
• DHS (CBP or ICE) officers or employees, including,
o Contracted, subcontracted, or cooperating personnel or
o A contract service provider.
If your situation does not meet these criteria, or to view a list of other DHS avenues for providing feedback or filing a complaint, visit
https://www.dhs.gov/how-do-i/provide-feedback-dhs.
WHO SHOULD SUBMIT THIS FORM?
• A current or former detainee who is seeking assistance regarding an incident that occurred, or is occurring, while in DHS custody.
• An individual submitting this form on behalf of a current or former detainee, as his or her representative, to whom an incident
occurred, or is occurring, while in DHS custody. This may include a family member or an attorney/accredited representative.
• An individual submitting the form anonymously.
DHS employees who wish to file complaints related to allegations of misconduct should do so with the DHS Office of Inspector
General (OIG) and/or the DHS Office of Special Counsel. If a DHS employee submits an allegation to OIDO, the matter will be
referred to OIG. DHS employees are reminded that it is unlawful for agencies to take, or threaten to take, a personnel action against
an employee because she/he disclosed wrongdoing. DHS employees may contact the DHS Whistleblower Protection Coordinator at
[email protected] for questions regarding protected disclosures or information regarding rights and
remedies of whistleblowers.
GENERAL INSTRUCTIONS FOR THIS FORM
• Type or print legibly in black or blue ink.
• If extra space is needed, you may attach additional pages to this form.
• For questions that do not apply, please write “N/A.”
• Please attach copies of any documents or information that will help OIDO review the case. Do not send original documents.
• This form is not required to submit a case to OIDO, and it is not required that all fields be completed. However, a properly
completed form ensures that OIDO receives the necessary information to assist with a case. If you do not use the form, or do not
complete all fields, you may experience a delay in the processing of your case.
• There is no fee for submitting a request to OIDO.
DHS Form 405 (5/21)
Page 1 of 6
WHERE TO SUBMIT THIS FORM
Please submit your completed, signed, and dated form, including any supporting documentation, to the Office of the Immigration
Detention Ombudsman by one of the following means:
• E-Mail: [email protected]
• Fax: 202-282-8482
• U.S. Mail and/or Expedited Delivery Services:
U.S. Department of Homeland Security
Office of the Immigration Detention Ombudsman, Mail Stop #0134
2707 Martin Luther King Jr. Ave. SE
Washington, DC 20528
Due to security measures with the U.S. Government mail system, cases mailed (even those sent by expedited delivery services)
may be delayed.
CASE INFORMATION
Information About the Person Submitting this Form
1. I am:
A current or former detainee who is seeking assistance regarding an incident that occurred, or is occurring, while in
DHS custody.
An individual submitting this form on behalf of a current or former detainee, as his or her representative, to whom an
incident occurred, or is occurring, while in DHS custody. This may include a family member or an attorney/accredited
representative.
An individual submitting the form anonymously.
Information About the Detainee
3. Other names used or spelling variants:
2. Name (Prefix, First Name, Middle Name, Last Name):
4. Date of Birth:
5. Sex
Male
Female
6. Alien Registration Number (A-number) (if any):
Other:
7. Country(s) of Citizenship or Nationality:
8. Country of Birth:
9. Preferred Language:
10. Location:
a. Is the individual currently in custody?
Yes:
1. Name of Detention Facility (If unsure of the name, provide general information, such as city or state, or
descriptive information, such as large building or holding cell, or personnel uniform colors.)
2. Date Range at Facility (If unsure of the exact dates, provide approximate dates.)
3. What is the preferred method of contact after release from detention? Select one.
Mailing Address: Street Address, Apartment/Suite, City, State, Zip/Postal Code, Country
Email Address:
Phone Number:
No:
1. Current Mailing Address: Street Address, Apartment/Suite, City, State, Zip/Postal Code, Country
2. Email Address:
3. Phone Number:
DHS Form 405 (5/21)
Page 2 of 6
Information About Where the Incident Occurred
11. Did the incident occur at a detention facility?
Yes:
a. Name of Detention Facility (If unsure of the name, provide general information, such as city or state, or
descriptive information, such as large building or holding cell, or personnel uniform colors.)
b. Date Range at Facility (If unsure of the exact dates, provide approximate dates.)
No:
a. Provide explanation:
Information About the Incident
12. Category (Select one category that best describes the incident.):
Abuse or Assault
Medical/Mental Health or Health Care Concerns
Detainee Locator
Property
Disability Accommodations
Religious
Facility Environment
Special Consideration for Children and Families
Legal Access
Translation and Interpretation Services
13. Description of Incident (Please provide a detailed explanation of the incident and specify the preferred remedy or redress.)
14. Incident Date(s) (If unsure of the exact dates, provide approximate dates.)
Actions Taken to Report the Incident and Seek a Remedy or Redress
15. Was the incident discussed with personnel at the facility?
Yes:
a. Was a grievance or formal complaint filed?
Yes
No
b. If medical, was a sick call request made?
Yes
No
c. Other:
No
16. Was the incident reported to one of the following?
ICE Detention Reporting and Information Line (DRIL) (888-351-4024)
Office of Professional Responsibility Joint Intake Center (JIC) (877-2INTAKE)
DHS Office for Civil Rights and Civil Liberties (CRCL) (866-644-8360)
DHS Office of Inspector General (OIG) (800-323-8603)
U.S. Health and Human Services, Office of Refugee Resettlement (if incident occurred while in DHS custody)
Other (e.g., Chaplain):
None of the above
DHS Form 405 (5/21)
Page 3 of 6
17. Describe any other offices contacted or actions taken to address the incident:
Identity of the Person Submitting this Form
18. I am:
A current or former detainee who is seeking assistance regarding an incident that occurred, or is occurring, while in DHS
custody.
a. Name (Prefix, First Name, Middle Name, Last Name):
b. Current Mailing Address (if not detained):
c. Date of Birth:
d. Place of Birth:
I certify, through my signature, under penalty of perjury under the laws of the United States of America, including 28 U.S.C.
§ 1746, that the information provided is true and correct, and that I am an individual who encountered or is encountering
difficulties while in immigration detention with the U.S. Department of Homeland Security. I understand that any falsification
of this statement is punishable under the provisions of 18 U.S.C. § 1001 by a fine of not more than $10,000 or by
imprisonment of not more than five years or both, and that requesting or obtaining any record(s) under false pretenses is
punishable under the provisions of 5 U.S.C. § 552a (i)(3) by a fine of not more than $5,000.
e. Signature:
f. Date:
An individual submitting this form on behalf of a current or former detainee,as his or her representative, to whom an incident
occurred, or is occurring, while in DHS custody. This may include either a family member or an attorney/accredited
representative. Please note that OIDO strongly recommends that it receive a notice of written consent, signed by the
detainee (or the detainee’s legal guardian if under the age of 18) for whom this Case Intake Form is submitted to allow
OIDO to release information to you. If, however, you are unable to receive written consent from the detainee, your signature
below certifies that, under penalty of perjury under the laws of the United States of America, including 28 U.S.C. § 1746,
you are an individual submitting this form on behalf of a detainee, as his or her representative, to whom an incident
occurred, or is occurring, while in DHS custody. You understand that any falsification of this statement is punishable under
the provisions of 18 U.S.C. § 1001 by a fine of not more than $10,000 or by imprisonment of not more than five years or
both, and that requesting or obtaining any record(s) under false pretenses is punishable under the provisions of 5 U.S.C. §
552a (i)(3) by a fine of not more than $5,000). Without proper consent, OIDO may not be able to inform the submitter of a
case and/or outcome.
a. Representative Name (Prefix, First Name, Middle Name, Last Name):
b. Mailing Address:
c. Relationship to Detainee:
Parent/Legal Guardian
Spouse
Child
Attorney
DHS Form 405 (5/21)
An accredited representative of a religious, charitable, social service or similar
organization established in the United States and recognized by the Department
of Justice pursuant to 8 C.F.R. § 1292.1.
Other
Page 4 of 6
d. Name (Prefix, First Name, Middle Name, Last Name):
e. Mailing Address: Street Address, Apartment/Suite, City, State, Zip/Postal Code, Country:
f. Law Firm/Organization (if applicable):
g. Mailing Address: Street Address, Apartment/Suite, City, State, Zip/Postal Code, Country:
h. Email Address:
i. Phone Number:
j. Signature:
k. Date:
An individual submitting this form anonymously. Due to the anonymous nature of the submission, no information regarding
the case and/or outcome will be provided to the submitter.
LEGAL NOTICES
Penalties for Submitting Incorrect Information
Whoever willfully and knowingly falsifies a material fact, makes a false statement,or makes use of false documents will be fined up to
$10,000, imprisoned for up to five (5) years, or both. 18 U.S.C. §1001. Requesting or obtaining any record(s) under false pretenses
is punishable under the provisions of 5 U.S.C. §552a(i)(3) by a fine of not more than $5,000.
Authority for Collecting Information
The functions of the Office of the Immigration Detention Ombudsman are to:
(1) Establish and administer an independent, neutral, and confidential process to receive, investigate, resolve, and provide
redress, including referral for investigation to the Office of Inspector General, referral to U.S. Citizenship and Immigration
Services for immigration relief, or any other action determined appropriate, for cases in which Department of Homeland
Security (DHS) officers or other personnel, or contracted, subcontracted, or cooperating entity personnel, are found to have
engaged in misconduct or violated the rights of individuals in immigration detention;
(2) Establish an accessible and standardized process regarding complaints against any officer or employee of U.S. Customs and
Border Protection or U.S. Immigration and Customs Enforcement, or any contracted, subcontracted, or cooperating entity
personnel, for violations of law, standards of professional conduct, contract terms, or policy related to immigration detention;
(3) Conduct unannounced inspections of detention facilities holding individuals in federal immigration custody, including those
owned or operated by units of State or local government and privately-owned or operated facilities;
(4) Review, examine, and make recommendations to address concerns or violations of contract terms identified in reviews,
audits, investigations, or detainee interviews regarding immigration detention facilities and services;
(5) Provide assistance to individuals affected by potential misconduct, excessive force, or violations of law or detention standards
by DHS officers or other personnel, or contracted, subcontracted, or cooperating entity personnel; and
(6) Ensure that the functions performed by the Ombudsman are complementary to existing functions within DHS Homeland
Security Act of 2002, Pub. L. No. 107-296, § 405(b) (codified at 6 U.S.C. § 205(b)), as added by Consolidated Appropriations
Act, 2020, Pub. L. No. 116-93,§106 (2019).
DHS Form 405 (5/21)
Page 5 of 6
Privacy Act of 1974
All information submitted to the Office of the Immigration Detention Ombudsman (OIDO) is collected and protected under the
provisions of the Privacy Act of 1974, 5 U.S.C. § 552a. By submitting this information to OIDO, your consent allows OIDO to
investigate any potential misconduct or violations in relation to immigration detention.
AUTHORITY: DHS is authorized to collect the information requested on this form pursuant to section 405 of the Homeland Security
Act of 2002, Pub. L. No. 107-296 (codified at 6 U.S.C. § 205), as added by Consolidated Appropriations Act, 2020, §106, Pub. L. No.
116-93, 133 Stat. 2504.
PURPOSE: DHS Office of the Immigration Detention Ombudsman (OIDO) is requesting this information to resolve cases brought
forth by individuals or investigations regarding potential violations of law, individual rights, standards of professional conduct,
contract terms, or policy related to immigration detention by any officer or employee of CBP, ICE, or any contracted, subcontracted,
or cooperating entity personnel.
ROUTINE USES: The information requested on this form may be shared within DHS based on a need to know basis and externally
pursuant to routine uses to assist the DHS in reviewing and resolving complaints. A complete list of the routine uses can be found in
the system of records notices associated with this form, including DHS/ALL-020 Department of Homeland Security Internal Affairs
and DHS/ALL-025 Law Enforcement Authority in Support of the Protection of Property Owned, Occupied, or Secured by the
Department of Homeland Security System of Records. Additionally, DHS plans to publish a new SORN to cover the records and
uses with OIDO’s collection, named DHS/OIDO-001 Office of the Immigration Detention Ombudsman System of Records. For those
individuals not covered by the Privacy Act, additional information can be found in the Privacy Impact Assessment, DHS/OIDO/
PIA-001 Immigration Detention Case Management System. All can be found at: https://www.dhs.gov/privacy.
CONSEQUENCES OF FAILURE TO PROVIDE INFORMATION: Providing this information is voluntary. However, failure to provide
this information may result in the inability of DHS to process or investigate the complaint.
Paperwork Reduction Act Notice
An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection of
information, unless it displays a currently valid Office of Management and Budget (OMB) control number. The public reporting
burden for this collection of information is estimated at 1 hour per response, including the time for reviewing instructions, completing
the form, and submitting the form. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden to: U.S. Department of Homeland Security, Office of the Immigration
Detention Ombudsman, Mail Stop #0134, 2707 Martin Luther King Jr. Ave. SE, Washington, DC 20528, OMB No. 1601-NEW.
DHS Form 405 (5/21)
Page 6 of 6
File Type | application/pdf |
File Title | DHS Form 405 |
Subject | CASE INTAKE FORM |
File Modified | 2021-05-14 |
File Created | 2021-05-14 |