Three advocacy organizations have initiated legal action against the Department of Homeland Security (DHS) and Secretary Kristi Noem with an aim to reinstate staff positions at three crucial offices responsible for ensuring civil rights are protected across DHS’s varied functions.
The legal challenge was launched on Thursday by the Robert F. Kennedy Human Rights group, the Southern Border Communities Coalition, and the Urban Justice Center.
Earlier on March 21, the Department of Homeland Security announced it would be reducing its workforce in the following offices: the Office for Civil Rights and Civil Liberties, the Office of the Immigration Detention Ombudsman, and the Office of the Citizenship and Immigration Services Ombudsman.
In response to queries about the lawsuit, DHS officials emphasized their dedication to civil rights but regarded the three offices as impediments rather than assets.
The department commented, “These offices have interfered with immigration enforcement by introducing extra layers of bureaucracy and hindering DHS’s fundamental mission.”
Democrats have raised concerns, suggesting that these reductions aim at decreasing the department’s transparency, potentially to facilitate broader deportation initiatives undertaken by the Trump administration.
The plaintiffs in Thursday’s lawsuit argue that, as Congress initially established these offices, only it possesses the authority to dismantle them.
They are requesting the court to mandate the immediate rehiring of staff and to allow them to perform their oversight duties without hindrance.
While the primary focus of the affected offices is immigration oversight, their influence extends further. The Department of Homeland Security stands as the nation’s third-largest Cabinet entity, tasked with a diverse array of responsibilities including securing airports, safeguarding the president and other high-ranking officials, as well as disaster response.
The Office for Civil Rights and Civil Liberties originated from the Homeland Security Act of 2002, designed to uphold civil liberties within the department established after the September 11 attacks. The office scrutinizes numerous complaints annually concerning the department’s operations and suggests necessary reforms.
As an independent entity within Homeland Security, the Office of the Immigration Detention Ombudsman is separate from both Immigration and Customs Enforcement and Customs and Border Protection. Its mandate includes ensuring the humane treatment and safety of individuals in immigration detention facilities. Staff from this office frequently visit such facilities, often exceeding 100 visits per month, to ensure detainees receive adequate medical attention and other necessary care.
The Office of the Citizenship and Immigration Services Ombudsman serves a critical role in supporting individuals and businesses in resolving issues with the immigration benefits agency. The lawsuit notes that during the fiscal year 2023, this office fielded nearly 24,000 assistance requests via its online system. These issues range from delays in H-1B visa renewals for businesses to guidance for individuals whose green card or work permit applications were denied.