Federal agency isn’t offering free legal services to illegal border crossers

(The Center Square)– Billboards advertising services provided by federal or other agencies at the border are not new.

A recent photo taken by a Fox News analyst appears to have contributed to misinformation being communicated about a federal agency’s services authorized and funded by Congress.

At issue is a photo posted by the union representing Border Patrol agents of a billboard funded by the U.S. Department of Homeland Security.

The billboard states, “Your brother (uncle, neighbor, father, mother, friend, partner) in immigration custody has rights. We’re here to help.” It includes a logo and website link to DHS’s Office of the Immigration Detention Ombudsman (OIDO).

When posting the photo, the union, which endorsed Trump, credited Fox News for the photo and said, “This DHS billboard (supported by Border Czar Harris) will only encourage and incentivize illegal immigration and the abuse of the asylum system to continue. This leads to record numbers of illegal aliens pouring across the border into our communities with little to no vetting. PRESIDENT TRUMP WILL STOP THE INVASION!”

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In response, now President-elect Donald Trump said, “Kamala is now running billboards near the Border advertising FREE Legal Services for Illegal Alien Criminals. When I win, the billboards are coming down, and the Migrant Gangs are going home!”

The billboards are not new. The OIDO was established by Congress in 2019 under the Trump administration.

In Section 106 of the Consolidated Appropriations Act, Congress created the OIDO “to resolve problems related to and improve conditions of individuals and families in immigration detention.” In 2020, an OIDO office was created to identify “challenges to oversight and the provision of redress, and began conceiving case management and detention oversight processes.”

The OIDO offers assistance to illegal foreign nationals, explaining, “If you or someone you know has or had a problem while in immigration detention, … the OIDO can help.”

The OIDO is an independent office within DHS. It is “NOT a part of U.S. Immigration and Customs Enforcement … and is NOT a part of U.S. Customs and Border Protection,” it states.

Congress granted OIDO oversight authority under 6 USC 205: Ombudsman for immigration detention. Congress also allocates funding for its operations.

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“OIDO assists individuals with complaints about the potential violation of immigration detention standards or other misconduct by DHS (or contract) personnel and provides oversight of immigration detention facilities,” it says.

Its Detention Oversight Division “ensures safe and humane conditions exist in immigration detention through independent, objective, and credible inspection and analysis” of ICE and CBP facilities nationwide.

The agency’s online case intake portal is available nationwide in more than 500 locations.

Those who use it can file complaints for allegations 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.”

Allegations only apply to CBP or ICE agents while in custody at a DHS detention facility.

The OIDO does not provide legal advice, review removal cases, bond or parole requests, or get involved in issues related to admission or removal.

By the end of 2022, OIDO case managers “maintained a persistent presence at nearly 100 detention facilities” nationwide and reviewed “nearly 6,000 concerns from individuals in custody.”

The role of ombudsman has been seen as an important role in federal and state agencies to ensure that laws are followed and grievances are addressed.

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