The US Homeland Security Act of 2002, under section 452, established the position of a Citizenship and Immigration Ombudsman who reports to the Bureau of Citizenship and Immigration Services (BCIS), which replaced the Immigration and Nationality Service (INS) under the Act. The functions of the Ombudsman include: to assist employers and individuals in resolving problems with the BCIS; to identify areas in which such individuals have problems in dealing with the BCIS; and to propose administrative changes to the Practices of the BCIS to remedy the problem areas.

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The US Homeland Security Act of 2002, under section 452, established the position of a Citizenship and Immigration Ombudsman who reports to the Bureau of Citizenship and Immigration Services (BCIS), which replaced the Immigration and Nationality Service (INS) under the Act. The functions of the Ombudsman include: to assist employers and individuals in resolving problems with the BCIS; to identify areas in which such individuals have problems in dealing with the BCIS; and to propose administrative changes to the Practices of the BCIS to remedy the problem areas. The Director of the BCIS must respond within 3 months to recommendations made by the Ombudsman.

The Ombudsman reports annually to the Committee on the Judiciary of the House of Representatives and the Senate on the pursuit of its objectives providing a full and objective analysis. Reports must also detail recommendations on improving the services and responsiveness of the BCIS; a summary of the most serious and pervasive problems in the Department; action taken and the results of such action; issues on which no action has been taken and recommended action in such instances; and other issues which the Ombudsman regards as advisable to include. The Ombudsman also has the responsibility of appointing local Ombudsmen, at least one per State, and to monitor the coverage and geographic allocation of the local offices. A further responsibility is to distribute guidance to all officers and employees of the BCIS outlining the criteria for referral of inquiries to local offices of the Ombudsman.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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