Experts warn that gutting the key US watchdog could lead to serious immigration abuses

The Department of Homeland Securitys (DHS) federal watchdog system, responsible for investigating complaints about civil rights violations including those in immigration detention, has been drastically reduced, prompting warnings from experts that this could allow the Trump administration to operate without accountability. Former federal oversight officials have expressed alarm over the dismantling of mechanisms designed to prevent human rights abuses, coinciding with an increase in aggressive immigration enforcement.

A group of dismissed watchdog employees has submitted a whistleblower complaint to Congress via the Government Accountability Project (GAP), while a coalition of human rights organizations filed a lawsuit demanding their reinstatement. Concerns are mounting that oversight, already limited, is now nearly nonexistent, even as scrutiny grows over treatment in the expanding immigration detention system.

They want to be able to abuse people with impunity, said Anthony Enriquez, vice president of US advocacy at Robert F. Kennedy Human Rights, representing the suing coalition. He added that the administration appears to aim for a system devoid of rules to enforce mass deportation.

DHS spokesperson Tricia McLaughlin has repeatedly denied reports of abuses, asserting there are no sub-prime conditions in US immigration custody. However, Dana Gold, senior director at GAP, warned that without proper oversight, there is essentially a blank check for impunity.

Since the early days of the second Trump administration, hundreds of federal oversight officials have been terminated, including at DHS. The Office for Civil Rights and Civil Liberties (CRCL), the main civil rights watchdog office within DHS, has been reduced from 150 staff to just nine, despite overseeing roughly 550 ongoing investigations into serious civil rights violations by DHS employees and contractors, including incidents in immigration detention centers.

Documented Allegations

• In Arizona, Border Patrol agents allegedly sedated a detainee with ketamine after forcibly removing him from a cell in 2023.
• At a Louisiana detention center, guards reportedly pepper-sprayed around 200 detainees during a hunger strike, then cut power and water for hours, denying medical care to many.
• A 33-year-old woman in a Florida jail with mental health conditions was allegedly stripped, restrained, and mocked by male guards, leaving her with physical injuries.
• ICE agents allegedly violated due process in the arrest and detention of Palestinian student and activist Mahmoud Khalil, one of the last cases investigated before mass dismissals of civil rights staff.

The current status of these investigations and hundreds more remains unknown, and DHS did not respond to specific inquiries about these cases. McLaughlin stated that CRCL continues to perform its legally required functions efficiently, without obstructing the departments mission.

Former DHS officials have criticized the administration for eliminating nearly all oversight staff, including 147 CRCL employees, 118 at the Office of the Immigration Detention Ombudsman (OIDO), and 46 at the Office of Citizenship and Immigration Services Ombudsman (CIS). Critics argue that this leaves ICE effectively policing itself, while new detention facilities expand across the country.

Previously, CRCL conducted regular inspections of ICE facilities, provided detailed recommendations, and helped mitigate harmful conditions. Former officials say the reduction in staff has made such oversight effectively impossible. Legal experts and immigration advocates warn that with only nine CRCL employees remaining, the office cannot adequately monitor detention centers or respond to complaints.

Immigration attorney Sophia Genovese noted that the small team is unable to cover even a single facility thoroughly, let alone a nationwide system with increasing numbers of detention centers. She added that reports of ICE coercion and threats toward detainees have surged, which would previously have triggered CRCL investigations.

While CRCL historically had limited power, it provided crucial oversight and information to Congress. Now, without its monitoring function, advocates warn there is almost no accountability for abuse or neglect in detention centers. CRCLs public records have also been removed from the DHS website, further limiting transparency.

Genovese emphasized that public protests and legal action remain the main avenues to challenge abuses, highlighting the bravery of community members in raising awareness and preventing some detentions.

Author: Sophia Brooks