112 
(IX) 2 representatives of U.S. 
Border Patrol. 
(B) TERM OF SERVICE.—Members of the 
Task Force shall be appointed for the shorter 
of— 
(i) 3 years; or 
(ii) the life of the DHS Task Force. 
(C) CHAIR, VICE CHAIR.—The members of 
the DHS Task Force shall elect a Chair and a 
Vice Chair from among its members, who shall 
serve in such capacities for the life of the DHS 
Task Force or until removed by the majority 
vote of at least 16 members. 
(b) OPERATIONS.— 
(1) HEARINGS.—The DHS Task Force may, 
for the purpose of carrying out its duties, hold hear-
ings, sit and act, take testimony, receive evidence, 
and administer oaths. 
(2) 
RECOMMENDATIONS.—The 
DHS 
Task 
Force may make findings or recommendations to the 
Secretary related to the duties described in sub-
section (a)(2). 
(3) RESPONSE.—Not later than 180 days after 
receiving the findings and recommendations from 
the DHS Task Force under paragraph (2), the Sec-
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113 
retary shall issue a response that describes how the 
Department has addressed, or will address, such 
findings and recommendations. If the Secretary dis-
agrees with any finding of the DHS Task Force, the 
Secretary shall provide an explanation for the dis-
agreement. 
(4) INFORMATION FROM FEDERAL AGENCIES.— 
The Chair, or 16 members of the DHS Task Force, 
may request statistics relating to the duties de-
scribed in subsection (a)(2) directly from any Fed-
eral agency, which shall, to the extent authorized by 
law, furnish such information, suggestions, esti-
mates, and statistics directly to the DHS Task 
Force. 
(5) COMPENSATION.—Members of the DHS 
Task Force shall serve without pay, but shall be re-
imbursed for reasonable travel and subsistence ex-
penses incurred in the performance of their duties. 
(c) REPORT.—Not later than 2 years after its first 
meeting, the DHS Task Force shall submit a final report 
to the President, Congress, and the Secretary that con-
tains— 
(1) findings with respect to the duties of the 
DHS Task Force; and 
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114 
(2) recommendations regarding border and im-
migration enforcement policies, strategies, and pro-
grams, including— 
(A) a recommendation as to whether the 
DHS Task Force should continue to operate; 
and 
(B) a description of any duties for which 
the DHS Task Force should be responsible 
after the termination date described in sub-
section (e). 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section for each of the fiscal 
years 2014 through 2017. 
(e) SUNSET.—The DHS Task Force shall terminate 
operations 60 days after the date on which the DHS Task 
Force submits the report described in subsection (c). 
SEC. 1114. OMBUDSMAN FOR IMMIGRATION RELATED CON-
CERNS OF THE DEPARTMENT OF HOMELAND 
SECURITY. 
(a) ESTABLISHMENT.—Title I of the Homeland Se-
curity Act of 2002 (6 U.S.C. 111 et seq.) is amended by 
adding at the end the following new section: 
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115 
‘‘SEC. 104. OMBUDSMAN FOR IMMIGRATION RELATED CON-
CERNS. 
‘‘(a) IN GENERAL.—There shall be within the De-
partment an Ombudsman for Immigration Related Con-
cerns (in this section referred to as the ‘Ombudsman’). 
The individual appointed as Ombudsman shall have a 
background in immigration law as well as civil and human 
rights law. The Ombudsman shall report directly to the 
Deputy Secretary. 
‘‘(b) FUNCTIONS.—The functions of the Ombudsman 
shall be as follows: 
‘‘(1) To receive and resolve complaints from in-
dividuals and employers and assist in resolving prob-
lems with the immigration components of the De-
partment. 
‘‘(2) To conduct inspections of the facilities or 
contract facilities of the immigration components of 
the Department. 
‘‘(3) To assist individuals and families who 
have been the victims of crimes committed by aliens 
or violence near the United States border. 
‘‘(4) To identify areas in which individuals and 
employers have problems in dealing with the immi-
gration components of the Department. 
‘‘(5) To the extent practicable, to propose 
changes in the administrative practices of the immi-
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116 
gration components of the Department to mitigate 
problems identified under paragraph (4). 
‘‘(6) To review, examine, and make rec-
ommendations regarding the immigration and en-
forcement policies, strategies, and programs of U.S. 
Customs and Border Protection, U.S. Immigration 
and Customs Enforcement, and U.S. Citizenship and 
Immigration Services. 
‘‘(c) OTHER RESPONSIBILITIES.—In addition to the 
functions specified in subsection (b), the Ombudsman 
shall— 
‘‘(1) monitor the coverage and geographic allo-
cation of local offices of the Ombudsman, including 
appointing a local ombudsman for immigration re-
lated concerns; and 
‘‘(2) evaluate and take personnel actions (in-
cluding dismissal) with respect to any employee of 
the Ombudsman. 
‘‘(d) REQUEST FOR INVESTIGATIONS.—The Ombuds-
man shall have the authority to request the Inspector Gen-
eral of the Department of Homeland Security to conduct 
inspections, investigations, and audits. 
‘‘(e) COORDINATION WITH DEPARTMENT COMPO-
NENTS.—The Director of U.S. Citizenship and Immigra-
tion Services, the Assistant Secretary of Immigration and 
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117 
Customs Enforcement, and the Commissioner of Customs 
and Border Protection shall each establish procedures to 
provide formal responses to recommendations submitted 
to such official by the Ombudsman. 
‘‘(f) ANNUAL REPORTS.—Not later than June 30 of 
each year, the Ombudsman shall submit a report to the 
Committee on the Judiciary of the Senate and the Com-
mittee on the Judiciary of the House of Representatives 
on the objectives of the Ombudsman for the fiscal year 
beginning in such calendar year. Each report shall contain 
full and substantive analysis, in addition to statistical in-
formation, and shall set forth any recommendations the 
Ombudsman has made on improving the services and re-
sponsiveness of U.S. Citizenship and Immigration Serv-
ices, U.S. Immigration and Customs Enforcement, and 
U.S. Customs and Border Protection and any responses 
received from the Department regarding such rec-
ommendations.’’. 
(b) REPEAL OF SUPERSEDED AUTHORITY.—Section 
452 of the Homeland Security Act of 2002 (6 U.S.C. 272) 
is repealed. 
(c) CLERICAL AMENDMENTS.—The table of contents 
for the Homeland Security Act of 2002 is amended— 
(1) by inserting after the item relating to sec-
tion 103 the following new item: 
‘‘Sec. 104. Ombudsman for Immigration Related Concerns.’’; 
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118 
and 
(2) by striking the item relating to section 452. 
SEC. 1115. PROTECTION OF FAMILY VALUES IN APPREHEN-
SION PROGRAMS. 
(a) DEFINITIONS.—In this section: 
(1) APPREHENDED
INDIVIDUAL.—The term 
‘‘apprehended individual’’ means an individual ap-
prehended by personnel of the Department of Home-
land Security or of a cooperating entity pursuant to 
a migration deterrence program carried out at a bor-
der. 
(2) BORDER.—The term ‘‘border’’ means an 
international border of the United States. 
(3) CHILD.—Except as otherwise specifically 
provided, the term ‘‘child’’ has the meaning given to 
the term in section 101(b)(1) of the Immigration 
and Nationality Act (8 U.S.C. 1101(b)(1)). 
(4) COOPERATING ENTITY.—The term ‘‘cooper-
ating entity’’ means a State or local entity acting 
pursuant to an agreement with the Secretary. 
(5) MIGRATION DETERRENCE PROGRAM.—The 
term ‘‘migration deterrence program’’ means an ac-
tion related to the repatriation or referral for pros-
ecution of 1 or more apprehended individuals for a 
suspected or confirmed violation of the Immigration 
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119 
and Nationality Act (8 U.S.C. 1001 et seq.) by the 
Secretary or a cooperating entity. 
(b) PROCEDURES
FOR MIGRATION DETERRENCE 
PROGRAMS AT THE BORDER.— 
(1) PROCEDURES.—In any migration deterrence 
program carried out at a border, the Secretary and 
cooperating entities shall for each apprehended indi-
vidual— 
(A) as soon as practicable after such indi-
vidual is apprehended— 
(i) inquire as to whether the appre-
hended individual is— 
(I) a parent, legal guardian, or 
primary caregiver of a child; or 
(II) traveling with a spouse or 
child; and 
(ii) ascertain whether repatriation of 
the apprehended individual presents any 
humanitarian concern or concern related to 
such individual’s physical safety; and 
(B) ensure that, with respect to a decision 
related to the repatriation or referral for pros-
ecution of the apprehended individual, due con-
sideration is given— 
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145 
cation of subparagraph (A) on behalf of an 
alien if the alien— 
‘‘(i) is the spouse or child of a United 
States citizen or lawful permanent resi-
dent; 
‘‘(ii) is the parent of a child who is a 
United States citizen or lawful permanent 
resident; 
‘‘(iii) meets the requirements set forth 
in 
clauses 
(ii) 
and 
(iii) 
of 
section 
245D(b)(1)(A); or 
‘‘(iv) meets the requirements set forth 
in section 245D(b)(1)(A)(ii), is 16 years or 
older on the date on which the alien ap-
plies for registered provisional immigrant 
status, and was physically present in the 
United States for an aggregate period of 
not less than 3 years during the 6-year pe-
riod immediately preceding the date of the 
enactment of the Border Security, Eco-
nomic Opportunity, and Immigration Mod-
ernization Act. 
‘‘(C) ELIGIBILITY.—Subject to subpara-
graph (D) and notwithstanding subsection 
(b)(2), section 241(a)(5), or a prior order of ex-
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