How to Become the Next Immigration Ombuds

Immigration Daily says that there are three informal requirements for anyone interested in a presidential appointment to the post of United States Citizenship and Immigration Services Ombudsman:

1. Be a card-carrying Democrat for at least 5 or 10 years, preferably longer;
2. Be active in participating in local/state Democratic party; and
3. Be sponsored by one of the 3 members of their Congressional delegation.

The leading immigration publisher believes that several members of the immigration bar would qualify based on these criteria. The CIS Ombudsman position is co-equal with that of the USCIS Director and is empowered "to really shake things up for immigration benefits." (Immigration Daily.)

The CIS Ombuds position is not currently vacant and no job search has been announced yet. Immigration Daily may have better information.

Related posts: Immigration Ombuds Tenders Resignation; Immigration Ombuds Issues Annual Report; Job Posting (Deputy Director); Leading Immigration Lawyer Urges Obama to Retain USCIS Ombuds.

Profile of New Immigration Ombuds

On March 3, 2008, the Department of Homeland Security appointed Michael T. Dougherty as the Citizenship and Immigration Services Ombudsman, filling the post vacated by the founding Ombuds, Prakash Khatri. A bio now available on the DHS website states that Dougherty served as Legislative Counsel on the personal staff of Senator Jon Kyl (R-AZ), and also staffed the Subcommittee on Terrorism, Technology, and Homeland Security within the Senate Judiciary Committee. He assisted in the drafting and negotiation of the 2007 bipartisan immigration reform effort in the Senate. Dougherty previously served as Senior Policy Advisor for Immigration at the DHS, and worked as an attorney for the Department of Justice, U.S. Attorney's Office and the Board of Immigration Appeals. In addition, Dougherty has served as an Administrative Judge for the U.S. Merit System Protection Board. He earned his B.A. from the Catholic University of America (1985) and J.D. from the Columbus School of Law at the Catholic University of America (1988). Homeland Security Secretary Michael Chertoff said:

Michael’s 15 years of policy and litigation experience and a deep understanding of immigration law will serve him well as CIS Ombudsman. In this capacity, Michael will identify areas for improvement in the communication individuals and employers have with USCIS and will recommend solutions that will mitigate identified problems. I’m grateful for Michael’s steadfast dedication to the American public, and I look forward to his leadership and many contributions as we further enhance immigration services.

(DHS; Chertoff Statement via ILW.com.)

Related posts: US Immigration Officials Rejects Ombuds' Reform Proposal; Immigration Ombuds Tenders Resignation; Corrected: New Immigration Ombuds Appointed.

Corrected: New Immigration Ombuds Appointed

The Secretary of the Department of Homeland Security has appointed Michael Dougherty as the new Citizenship and Immigration Services Ombudsman. Dougherty replaces Prakash Khatri, who had established the office in July 2003 and whose reports had been cited by federal courts as evidence the FBI's background checks unreasonably delayed immigration applications. (ImmigrationPortal.com; Immigration Daily.)

For several years, Dougherty was responsible for targeting illegal immigrants as Director of Operations for the U.S. Immigration and Customs Enforcement. Early in 2007, he formed a private company, Valiant Systems, to acquire and build companies in the homeland security, defense, law enforcement support and forensic advisory industries. Now, he'll be responsible for resolving individual and employer problems. (Testimony before House Cmte on Judiciary, 5/8/03; Testimony before Senate Caucus on Intl Narcotics Control; Huron Capital Partners Press Release.)

Mr. Dougherty may have some problems being perceived as a neutral advocate for immigration reform.

Apparently, the new immigration shares a name with another Michael Dougherty and the foregoing information is incorrect. A full post with clarification will be provided shortly.

Related posts: Another Federal Court Relies on Immigration Ombuds' Report to Rule Against Government; Immigration Ombuds Tenders Resignation.)

DHS Secretary Appoints New Immigration Ombuds

Department of Homeland Security Secretary Janet Napolitano has appointed January Contreras as the Citizenship and Immigration Services Ombudsman. Most recently, Contreras served as a Senior Advisor to Secretary Napolitano. Before working at DHS, Contreras headed the Arizona Department of Health Services. In addition, she has 10 years of experience in litigation and policy, including health policy and its interaction with immigration policy and legislation. Contreras attended the University of Arizona for her BA and law degree. Prominent immigration attorney Greg Siskind says that Contreras will enjoy a good working relationship with Secretary Napolitano and hopes that Contreras stays in the position long enough to be most effective. (DHS Bio; Greg Siskind for Immigration Law Week.)

Related posts: Job Posting; Leading Immigration Lawyer Urges Obama to Retain USCIS Ombuds; How to Become the Next Immigration Ombuds; Immigration Expert Says USCIS Ombuds Should Have More Power.

Immigration Expert Says USCIS Ombuds Should Have More Power

Angelo A. Paparelli, partner at Seyfarth Shaw and publisher of the Nation of Immigrants Blog, reviews the latest annual report from the U.S. Citizenship and Immigration Services Ombudsman and finds it too temperate. Paparelli says, "With altogether too much toleration and not enough outrage for my taste, the Ombudsman's report restates longstanding USCIS problems but does not condemn the lack of significant forward movement." He also believes that the existence of the USCIS Ombuds Office has allowed Congress to shrug off its oversight responsibility.

Paparelli also argues that the USCIS Ombudsman's authority should be expanded to cover Immigration and Customs Enforcement and Customs and Border Patrol. He says that "if the Obama Administration and Congress are serious about the proper functioning of the federal immigration system, they would also create Offices of the Ombudsman for the Departments of Labor and State, and place a 'Tri-Department' Ombudsman on top, so that stakeholders really have a "seat at the table" for comprehensive immigration reform." (Angelo Paparelli on Dysfunctional Government; USCIS Ombuds 2009 Report.)

Related posts: Profile of New Immigration Ombuds; Leading Immigration Lawyer Urges Obama to Retain USCIS Ombuds; How to Become the Next Immigration Ombuds.

US District Court Cites Report by Immigration Ombuds

Four years after Mohammed Ahmadi filed an application to adjust his status with U.S. Citizenship and Immigration Services (CIS), the FBI still had not completed its background check. Ahmadi filed suit in U.S. District Court and alleged unreasonable delay in the processing of his application and requested that the Court compel adjudication of his application. In a decision published this week, the Court denied the Government's motion to dismiss the suit for lack of subject matter jurisdiction and for failure to state a claim. The Court found that CIS's decision to wait for the FBI to complete its check may be unreasonable and pointed to the CIS Ombudsman's 2007 Annual Report to Congress. That report by Prakash Khatri said that "[T]he FBI name check process has limited value to public safety or national security, especially because in almost every case the Applicant is in the United States during the name check process, living and working without restriction." (Ahmadi v. Chertoff, 2007 U.S. Dist. LEXIS 96178 (N.D. Tex. Nov. 27, 2007) [subscription required]; CIS Ombudsman's 2007 Annual Report.)

Although this decision of a trial court does not create precedent, it is reassuring to see an Ombuds report cited as credible evidence of the need for transparency and reasonableness in the Executive Branch.

Related posts: Lawsuits Seeking Immigration Reform Cite Ombuds Report; US Immigration Officials Rejects Ombuds' Reform Proposal; Immigration Ombuds Cites FBI Delays as Major Immigration Problem; Summaries of Forums Hosted by Immigration Ombuds Available Online.

Department of Homeland Security Eliminates Classical Ombuds for Immigrants

An Executive Order one week ago slashed the Office for Civil Rights and Civil Liberties (CRCL), the Office of the Immigration Detention Ombudsman and the Office of the Citizenship and Immigration Services Ombudsman. These two offices provided oversight of the for people with immigration-related issues related to Immigration and Customs Enforcement and the U.S. Citizenship and Immigration Services.

Expert Calls for Immigration and Customs Enforcement to Create Internal Ombuds Program

Mary Giovagnoli, Director of the Immigration Policy Center, says that ICE could substantially improve its performance by appointing an ombudsman "to serve as an internal conscience, taking in reports on individual cases, making sure that policy is followed and serving as an internal watchdog." 

Immigration Ombuds Cites FBI Delays as Major Immigration Problem

In his annual report to Congress, the Ombudsman for Citizenship and Immigration Services, Prakash Khatri, called the FBI's unexplained delays in checking immigration applications "unacceptable from the standpoint of national security and immigration benefits processing." When political attention is focused on immigration issues and border security, the growing backlog highlights the administrative breakdown and has prompted a flood of federal lawsuits. Khatri said the delays they "may increase the risk to national security by prolonging the time a potential criminal or terrorist remains in the country." He concluded that the agency should end or curtail its use of name checks. (Full CIS Ombuds Report; Executive Summary; Washington Post.)

(Related post US Immigration Officials Rejects Ombuds' Reform Proposal.)

Immigration Ombuds Issues Annual Report

The United States Citizenship and Immigration Services Ombudsman has released its 2008 report to Congress addressing "progress in resolving long-pending FBI name checks, and the unusually large 2007 summer surge of approximately three million applications sent to USCIS." The Ombudsman makes ten specific recommendations for the immigration system. (USCIS Annual Report, via Immigration Daily.)

Related posts: Profile of New Immigration Ombuds; Summaries of Forums Hosted by Immigration Ombuds Available Online; Annual Report Round-Up.

Update: U.S. Department of Homeland Security Reverses Decision to Close Immigration Ombudsman Offices

DHS has announced that it had reversed its decision to close the Office for Civil Rights and Civil Liberties, U.S. Citizenship and Immigration Services Ombudsman Office, and Office of the Immigration Detention Ombudsman. The move followed lawsuits challenging the administration's authority to close the programs. Last week, USCIS even opened a search for a Deputy Ombuds. (Democracy Forward; Times of India; USA Jobs.)

Immigration Ombuds Tenders Resignation

Homeland Security Secretary Michael Chertoff has announced the resignation of the department’s United States Citizenship and Immigration Services Ombudsman. According to Chertoff, Prakash Khatri, the nation’s first USCIS Ombudsman, plans to return to the private sector. Since his appointment in July 2003, Khatri produced more than 70 formal recommendations and numerous informal recommendations to reform immigration benefits process, ranging from citizenship, lawful permanent residency, employment authorization, adoptions, asylum and refugee status, and foreign student authorization. (DHS Press Release.)

Related posts: US Immigration Officials Rejects Ombuds' Reform Proposal; US District Court Cites Report by Immigration Ombuds.

Another Federal Court Relies on Immigration Ombuds' Report to Rule Against Government

For the second time in as many weeks, a federal trial court has referenced the annual report by the U.S. Citizenship and Immigration Services Ombudsman to rule that the FBI's immigration background check process is unreasonable. In Philadelphia last week, U.S. District Judge Michael Baylson used sharp language to question the government's rationale for checking names a third time for citizenship after applicants have already been vetted in the visa and green-card stages. The report by CIS Ombuds Prakash Khatri provided the critical evidence for the court. (Philadelphia Enquirer; Mocanu v. Mueller, 2008 U.S. Dist. LEXIS 10122 (E.D. Pa. Feb. 8, 2008).)

Related post: US District Court Cites Report by Immigration Ombuds; Immigration Ombuds Tenders Resignation.

Meanwhile, the mainstream press has not yet reported on the abrupt resignation of Mr. Khatri, leading some to speculate on whether he was forced to resign because his criticism of Homeland Security was too effective or whether he simply abandoned the fight. Either way, we can only hope for another principled individual to take his office.

Update: Lawsuit Seeks Restoration of Immigration Ombudsman Offices

Yesterday, several human rights advocacy organizations filed suit challenging the Trump administration’s decision last month to close DHS’s Office for Civil Rights and Civil Liberties, U.S. Citizenship and Immigration Services Ombudsman Office, and Office of the Immigration Detention Ombudsman. The lawsuit is demanding the restoration of these key DHS oversight offices. (Democracy Forward.)

Leading Immigration Lawyer Urges Obama to Retain USCIS Ombuds

Angelo Paparelli, President of the Alliance of Business Immigration Lawyers, says that, "President-elect Obama should consider keeping in place the current Ombudsman to USCIS (Michael Dougherty) who despite a very short tenure has made great strides in keeping USCIS on its toes." (Angelo Paparelli's Blog via Immigration Daily.) Related posts: Profile of New Immigration Ombuds; Immigration Ombuds Issues Annual Report.

Related posts: Obama and the Future of the ADR Profession; Media Coalition Calls on Obama to Revive FOIA Ombuds Office.

Lawsuits Seeking Immigration Reform Cite Ombuds Report

In June 2006, U.S. Customs and Immigration Services Ombudsman reported to Congress that more than 82,000 immigration cases had been pending longer than a year as the FBI reviewed the applications. The report said the immigration agency's policy of waiting to conduct security reviews until after immigrants have applied for legal residency "may increase the risk to national security by prolonging the time a potential criminal or terrorist remains in the country." (CIS Ombuds Report.) The ombuds report is now bolstering federal lawsuits filed by the American Civil Liberties Union and other organizations. (San Francisco Chronicle.)

USCIS Ombuds Submits Annual Report to Congress

The Office of the Citizenship and Immigration Services Ombudsman has submitted its seventh annual report to Congress. The Ombuds for Department of Homeland Security immigration issues provides confidential, independent and impartial assistance to the public.

Job Posting: Citizenship and Immigration Services

The Department of Homeland Security agency is accepting applications for a Deputy Director. The Washington, DC-based position will advise the CIS Ombudsman on policy and program matters, interface with external contacts, including with component parts of DHS, other government agencies and departments, Congress and other non-government activities and groups. The application period is only for just one week and closes Wednesday, October 22. The position pays $115,317 to $149,000.00 per year. (Federal Govt. Jobs; USA Jobs.)

Related posts: Another Federal Court Relies on Immigration Ombuds' Report to Rule Against Government; Profile of New Immigration Ombuds; Immigration Ombuds Issues Annual Report; SBA Ombuds' Annual Report Acknowledges Cooperative Agencies.

US Immigration Officials Rejects Ombuds' Reform Proposal

The Department of Homeland Security has rejected a recommendation from Prakash Khatri, Ombudsman for Citizenship and Immigration Services. Supporters said the proposal could cut green card waiting times and save applicants 15 million hours spent waiting in government lines. According to Khatri, the agency rejected the plan because renewal fees accrued during immigration backlogs generate 20 percent of the agency's budget. (Boston Globe.)

Of course, a recommendation like this is outside the IOA Standards of Practice for organizational ombuds.

(Related post Lawsuits Seeking Immigration Reform Cite Ombuds Report.)

Journal of IOA: Ombuds as the Helpful Stranger

Craig Mousin, the former Ombuds at DePaul University, is the author of a new article in Journal of the International Ombuds Association. In "Facilitating Belonging: Ombuds as the Helpful Stranger," Mousin offers a new metaphor for Ombuds and draws upon his years of work as an advocate for immigrants and refugees. The article is the first in a series to be published in a special issue on diversity, equity, inclusion, and belonging.