CRCL Recommendation and Investigation Memos Collection
The DHS Office for Civil Rights and Civil Liberties reviews and investigates civil rights and civil liberties complaints and alleged abuses filed by the public regarding DHS policies and activities. The investigations involve a range of alleged abuses, including violation of rights while in immigration detention. CRCL issues recommendations to the relevant DHS Component aimed at addressing any civil rights or civil liberties concerns identified as part of its investigation. Redacted memos and other documents related to these investigations are included in this library.
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Retention Memo Concerning FEMA’s Outreach and Recovery Assistance to Tribes and Tribal Communities in Alaska
CRCL memo to FEMA concerning FEMA’s provision of language assistance, outreach, and recovery assistance to tribes and tribal communities in Alaska in relation to potential civil rights concerns.
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Retention Memo to ICE Concerning Segregation of Individuals with a Mental Health Disability and/or Serious Mental Illness
Over the past four years, CRCL has opened more than 60 complaints related to the segregation of individuals in ICE custody with an alleged mental health disability (MHD) or Serious Mental Illness (SMI). These allegations have arisen at different, geographically diverse, ICE detention facilities. These facilities operate under differing government agreements, a range of ICE detention standards, and further vary according to the specific provider(s) of mental health services.
To address the various issues implicated in these allegations, CRCL identified a representative sample of seven complaints to capture the types of allegations CRCL received from Fiscal Year (FY) 2020 – FY2023.
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Retention Memo to ICE Concerning Language Access Periodic Review
Pursuant to 6 U.S.C. § 345 and 42 U.S.C. § 2000ee-1, CRCL is conducting a periodic review of ICE's language access programs, policies, and services for limited English proficient (LEP) individuals in immigration detention. This investigation will assess ICE’s compliance with, and implementation of, ICE policies under Executive Order No. 13166, Improving Access to Services for Persons with Limited English Proficiency, (Aug. 11, 2000) (EO 13166).
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Summary of CRCL Recommendation Memorandum and CBP's Response: Behavior Management of Unaccompanied Children in Custody
On February 27, 2023, CBP responded to a Recommendation Memorandum issued in September 2022 by CRCL about policies concerning behavior management of unaccompanied children in U.S. Border Patrol custody.
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Summary of CRCL's Recommendations and ICE's Response: Erroneous Removal
On March 23, 2023, ICE responded to a Recommendation Memorandum issued in June 2022 by CRCL about the erroneous removal of a Guatemalan national previously in ICE detention.
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Retention Memo to CBP Concerning the CBP One App
CRCL opened complaint investigation 005827-23-CBP, 005762-23-CBP, 006024-23-CBP, 006058-23-CBP and 006149-23-CBP, all of which involve allegations of significant difficulties found by migrants with the CBP One™ mobile application (“CBP One” or “app”) functionality.
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Summary of CRCL's Recommendations and USCIS's Response: Disability Modification Requests
On May 4, 2023, USCIS responded to a Recommendation Memorandum issued in December 2022 by CRCL about USCIS’s handling of disability modification requests from the public. USCIS concurred with one of CRCL’s recommendations and non-concurred with two.
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Summary of CRCL Recommendation Memo and CBP's Response: U.S. Citizenship Verification
In December 2016, CRCL received a complaint regarding a 15-year-old girl apprehended by U.S. Border Patrol (USBP). The minor, who did not possess a passport, claimed to USBP that she was a U.S. citizen.
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Summary of CRCL Recommendation Memo and ICE's Response: Use of Facial Recognition Databases
In February 2020, CRCL opened a complaint based on a Washington Post article that reported that ICE had conducted facial-recognition searches on millions of driver’s license photos in a Maryland database without receiving approval from either the state or a court.
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Retention Memo Concerning Maritime Interdiction, Protection Screening, and Custody of Migrants in the Caribbean
The purpose of this memorandum is to notify you of the complaint, inform you that CRCL will retain these complaints for investigation, and explain how CRCL will work with USCG, USCIS, ICE, and CBP due to the interconnected role the agencies perform interdicting maritime migrants.