Court Forces DHS to Preserve Immigrant Rights Offices
Policy reversal follows court order and lawsuit over alleged civil rights violations in immigration enforcement.
WASHINGTON — On Thursday, DHS reversed plans to eliminate three oversight offices tasked with investigating civil rights complaints and assisting immigrants, following mounting legal pressure and a federal court hearing.
In updated statements on its website, DHS confirmed it will maintain the Office for Civil Rights and Civil Liberties (CRCL), the Citizenship and Immigration Services Ombudsman, and the Immigration Detention Ombudsman. All three had faced closure earlier this year under a directive from Secretary Kristi Noem, drawing fierce criticism from civil rights groups and Democratic lawmakers.
The announcement came shortly after a U.S. district court judge ordered the agency to publicly clarify its position during proceedings in a lawsuit challenging the offices' planned dismantling.
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“These DHS oversight offices perform essential functions and ensure that those who interact with DHS components have a pathway to report abuse and seek justice,” said Michael Martinez, senior counsel at Democracy Forward, one of the legal groups representing plaintiffs in the case. “After weeks of antics and obfuscations, tonight’s actions demonstrate the importance of holding this administration accountable.”
The lawsuit — filed by Robert F. Kennedy Human Rights, the Southern Border Communities Coalition, and the Urban Justice Center — accused DHS of unlawfully attempting to eliminate civil service jobs and undermine constitutional protections without congressional approval.
During a court hearing last Friday, U.S. District Judge Ana Reyes directed DHS attorneys to confirm the offices' operational status in writing. The plaintiffs had presented evidence that the offices had ceased most activity, despite no formal legal basis for their closure.
“Confronted in open court with harrowing accounts of sexual abuse and torture in immigration detention facilities and facing a court order, the Trump administration retreated,” said Anthony Enriquez, vice president of U.S. advocacy and litigation at Robert F. Kennedy Human Rights.
The CRCL investigates complaints of racial profiling, abuse, and violations of due process by immigration officers, including CBP and ICE. The ombudsman offices offer support to individuals navigating the immigration system and oversight of detention conditions.
Immigration advocates said the reversal was a victory for accountability but warned that the Biden administration’s successor had already caused significant harm by limiting the offices’ functionality.
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“These offices have not been performing their vital functions,” said Karla Gilbride, an attorney with Public Citizen Litigation Group. “Saying they continue to exist isn’t enough. DHS must allow them to do their jobs protecting the civil rights of vulnerable people caught in a system currently supercharged with extremism and hate.”
The lawsuit is ongoing. Plaintiffs say they will continue to seek guarantees that the offices are restored to full capacity. “A disclaimer on their website after extensive litigation is not enough,” said Lilian Serrano, director of the Southern Border Communities Coalition. “DHS must fully restore these offices and ensure every complaint of abuse is thoroughly investigated.”