U.S. Code » Title 6 » Chapter CHAPTER 1— HOMELAND SECURITY ORGANIZATION › Subchapter SUBCHAPTER VII— MANAGEMENT

6 U.S.C. § 345

Establishment of Officer for Civil Rights and Civil Liberties

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(a) In generalThe Officer for Civil Rights and Civil Liberties, who shall report directly to the Secretary, shall—(1) review and assess information concerning abuses of civil rights, civil liberties, and profiling on the basis of race, ethnicity, or religion, by employees and officials of the Department;(2) make public through the Internet, radio, television, or newspaper advertisements information on the responsibilities and functions of, and how to contact, the Officer;(3) assist the Secretary, directorates, and offices of the Department to develop, implement, and periodically review Department policies and procedures to ensure that the protection of civil rights and civil liberties is appropriately incorporated into Department programs and activities;(4) oversee compliance with constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights and civil liberties of individuals affected by the programs and activities of the Department;(5) coordinate with the Privacy Officer to ensure that—(A) programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and(B) Congress receives appropriate reports regarding such programs, policies, and procedures; and(6) investigate complaints and information indicating possible abuses of civil rights or civil liberties, unless the Inspector General of the Department determines that any such complaint or information should be investigated by the Inspector General.(b) Report

The Secretary shall submit to the President of the Senate, the Speaker of the House of Representatives, and the appropriate committees and subcommittees of Congress on an annual basis a report on the implementation of this section, including the use of funds appropriated to carry out this section, and detailing any allegations of abuses described under subsection (a)(1) and any actions taken by the Department in response to such allegations.

(Pub. L. 107–296, title VII, § 705, Nov. 25, 2002, 116 Stat. 2219; Pub. L. 108–458, title VIII, § 8303, Dec. 17, 2004, 118 Stat. 3867.)Editorial NotesAmendments

2004—Subsec. (a). Pub. L. 108–458, § 8303(1), reenacted heading without change and amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “The Secretary shall appoint in the Department an Officer for Civil Rights and Civil Liberties, who shall—”.

Subsec. (a)(1). Pub. L. 108–458, § 8303(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “review and assess information alleging abuses of civil rights, civil liberties, and racial and ethnic profiling by employees and officials of the Department; and”.

Subsec. (a)(3) to (6). Pub. L. 108–458, § 8303(3), (4), added pars. (3) to (6).

Notes of Decisions
Cited in 10 cases (8 in the last 5 years), 2012–2026 · leading case: Adelante Ala. Worker Ctr. v. U.S. Dep't of Homeland Sec. & Off. for Civil Rights & Civil Liberties, 376 F. Supp. 3d 345 (S.D. Ill. 2019).
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Adelante Ala. Worker Ctr. v. U.S. Dep't of Homeland Sec. & Off. for Civil Rights & Civil Liberties, 376 F. Supp. 3d 345 (S.D. Ill. 2019). · cites it 2× “6 U.S.C. § 345 (a)(1). In that role, the CRCL conducts on-site investigations at Immigration and Customs Enforcement ("ICE") and ICE-contracted immigration detention facilities.”
Mark Pettibone v. Gabriel Russell, 59 F.4th 449 (9th Cir. 2023). “3 § 8I(f)(2)(B)–(C), (F)–(G); see also 6 U.S.C. § 345 (a)(1), (4), (6) (requiring Officer for Civil Rights and Civil Liberties to investigate alleged misconduct).”
Pellegrino v. United States Transp. Sec. Admin., 855 F. Supp. 2d 343 (E.D. Pa. 2012). · cites it 2× “Claim for Failure of TSA to Investigate Civil Rights Complaint Pursuant to Administrative Procedures Act (APA) 6 U.S.C. § 345 (a)(6) requires the Officer for Civil Rights and Civil Liberties under the Secretary for the Department of Homeland Security (DHS) to “investigate…”
Leuthauser v. United States of Am., 576 F. Supp. 3d 806 (D. Nev. 2021). · cites it 3× “27 7 Specifically, the Department of Homeland Security’s civil rights complaint process 28 pursuant to 6 U.S.C. § 345 (a)(1) and review of TSA’s standard operating procedures by the U.”
Winston v. Monahan, No. 2023-2123 (D.D.C. Mar. 26, 2026). · cites it 2× “at 28 (quoting 6 U.S.C. § 345(a)(1), (4), (6)). These internal reporting and grievance procedures provide a “means through which allegedly unconstitutional actions .”
Muzumala v. Mayorkas, No. 1:22-cv-03789, 2022 WL 2916610 (S.D.N.Y. July 22, 2022). “has jurisdiction to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant.”
Muzumala v. Mayorkas, No. 1:22-cv-03789 (S.D.N.Y. Dec. 20, 2023). “§ 2000ee-1, 6 U.S.C. § 345 , and 28 U.S.C. § 2201 . On July 22, 2022, the Court dismissed all claims except for the plaintiff’s FOIA claim against ICE and granted the plaintiff leave to amend his FOIA claim against the FBI.”
Romero v. United States, 771 F. Supp. 3d 1137 (S.D. Cal. 2025). “3 § 81(f)(2)(B)–(C),(F)–(G); see 11 also 6 U.S.C. § 345 (a)(1), (4), (6). Plaintiff has not addressed Defendant’s argument on 12 this issue.”
Tobias Jones v. United States Secret Serv., 143 F.4th 489 (D.C. Cir. 2025). “” See 6 U.S.C. § 345 (a)(6). Any person may submit a complaint of “employee misconduct,” which may include allegations of “civil rights abuses.”
Flores v. Doe Agent 1, No. 3:24-cv-01189 (S.D. Cal. Oct. 6, 2025). “10 (a)- 26 (b)); 6 U.S.C. § 345 (a)(1), (4), (6) (requiring Officer for Civil Rights and Civil Liberties to 27 investigate alleged misconduct); Mot.”
6 U.S.C. § 345(a)(1): 1 case
Winston v. Monahan, No. 2023-2123 (D.D.C. Mar. 26, 2026). “at 28 (quoting 6 U.S.C. § 345(a)(1), (4), (6)). These internal reporting and grievance procedures provide a “means through which allegedly unconstitutional actions .”
6 U.S.C. § 345(a)(6): 1 case
Winston v. Monahan, No. 2023-2123 (D.D.C. Mar. 26, 2026). “at 28 (quoting 6 U.S.C. § 345(a)(1), (4), (6)). These internal reporting and grievance procedures provide a “means through which allegedly unconstitutional actions .”
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