Attorney General Letitia James is leading a coalition of attorneys general from across the United States to challenge the Department of Homeland Security's (DHS) proposal to close three key oversight offices. According to a press release obtained by New York Attorney General's Office, these offices include 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). In an amicus brief, the AGs argue that the closure of these offices would not only exceed DHS's statutory and constitutional authority but also detrimentally affect residents and employers by removing critical avenues for redress.
In what appears to quickly become a significant legal standoff, the attorneys general have called for the U.S. District Court for the District of Columbia to keep these oversight entities operational. "The Department of Homeland Security cannot singlehandedly shut down congressionally mandated offices that were created to ensure the agency abides by the law," Attorney General James asserted. The coalition has highlighted how these closures are set to impact the processing and resolution of complaints and investigations, thus stripping away resources single-focused on protecting individual's civil rights.
The CIS Ombudsman office, before its threatened closure, managed to assist in tens of thousands of cases annually, including providing aid in naturalization and employment authorization. The attorneys general pointed out, for example, that the CIS Ombudsman office received 2,757 requests from New York alone in 2023. They fear that without this support, many individuals could face denials or severe delays in acquiring essential immigration benefits such as visas and green cards. The potential ripple effects on legal assistance programs funded by states have the attorneys general calling for immediate action to prevent significant disruptions.
Another concern raised by the coalition relates to the Office of Immigration Detention Ombudsman, responsible for conducting site visits and unannounced inspections at detention facilities. Prior to their abrupt closure, OIDO's case managers were responsible for identifying issues at these sites, such as inadequate medical staffing or poor living conditions. The AGs warn that without OIDO's interventions, detainees could be subjected to unsanitary and even dangerous circumstances. They argue that the role OIDO plays is essential to ensure humane treatment of detainees and quickly address complaints relating to their well-being.
Joining New York in this legal effort are the attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, North Carolina, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia. Their united front sends a clear message about the importance they place on civil rights oversight within DHS, and they are urging the court to take swift action in response to DHS’s unilateral decision.
