DHS Shuts Down USCIS Ombudsman Office—A New Setback for Immigrants

In yet another blow to those trying to navigate the dysfunctional U.S. immigration system, the Department of Homeland Security (DHS) has placed all staff from the USCIS Ombudsman Office on administrative leave effective March 21, 2025. This abrupt action has essentially eliminated a critical resource that thousands of foreign persons have relied on to resolve problems with their immigration applications.

This development is deeply troubling, but unfortunately, not surprising. The U.S. immigration system continues to create unnecessary barriers for people seeking legal status, and now one of the few effective mechanisms for resolving these obstacles has been stripped away.

What Was the USCIS Ombudsman Office?

The USCIS Ombudsman Office was established by Congress through the Homeland Security Act of 2002 as an independent entity designed to:

• Help individuals and employers resolve problems with USCIS
• Identify systemic issues in the immigration benefits process
• Propose changes to mitigate problems with the delivery of immigration services
• Report annually to Congress on serious problems facing USCIS

The Ombudsman Office wasn’t just another layer of bureaucracy—it was often the last hope for many foreign persons stuck in processing delays or facing incorrect decisions. When USCIS made mistakes (which happens with alarming frequency), the Ombudsman provided a pathway to resolution that didn’t involve expensive litigation.

Why Did DHS Suspend the Ombudsman Office?

DHS claims this suspension is part of an effort to “streamline operations” and focus on border security and immigration enforcement. The same action affected two other oversight offices: the Office for Civil Rights and Civil Liberties and the Office of the Immigration Detention Ombudsman.

Let’s be clear: this justification fundamentally misunderstands (or deliberately misrepresents) the purpose of USCIS, which is primarily a benefit-granting agency, not an enforcement body. The Ombudsman didn’t “slow down enforcement”—it helped ensure that eligible foreign persons received the benefits they were legally entitled to without unreasonable delays or administrative errors.

This move reveals the current administration’s approach to immigration as primarily an enforcement issue rather than a complex system that should efficiently process benefits for eligible applicants.

Who Is Most Affected by This Suspension?

The USCIS Ombudsman Office handled approximately 30,000 cases in 2023 alone. Real people with real lives are now left without recourse, including:

H-1B Visa Holders

Skilled professionals who faced processing delays that threatened their legal status. Many of our clients have previously turned to the Ombudsman when their H-1B extensions were stuck in administrative limbo, putting their jobs and livelihoods at risk.

International Students

F-1 visa holders who encountered problems with Optional Practical Training (OPT) or STEM OPT extensions. When USCIS incorrectly processed or denied these applications, the Ombudsman often provided the only effective remedy.

Green Card Applicants

Permanent residence applicants dealing with stalled applications often found the Ombudsman to be their only recourse when facing life-altering delays.

Asylum Seekers and Refugees

Some of the most vulnerable immigrants relied on the Ombudsman to identify and correct errors in their cases, sometimes preventing wrongful denials that could have resulted in return to dangerous conditions.

Family-Based Immigration Petitioners

U.S. citizens and permanent residents petitioning for family members frequently sought help from the Ombudsman when facing unreasonable delays or administrative errors that kept families unnecessarily separated.

Immediate Consequences of the Suspension

With the USCIS Ombudsman Office effectively shuttered, we’re already seeing several alarming developments:

1. Pending Cases Left in Limbo

Thousands of cases already submitted to the Ombudsman have essentially been abandoned. DHS has provided no plan for handling these pending matters, leaving many foreign persons with urgent problems without answers or recourse.

2. Loss of Independent Oversight

The immigration system has lost a crucial independent check on USCIS operations. Without the Ombudsman’s oversight, there’s virtually no accountability for processing times, adjudication errors, and policy implementation problems.

3. Increased Burden on Congressional Offices

Congressional representatives’ immigration casework teams are already overwhelmed with inquiries as foreign persons desperately seek alternative channels for resolving their issues.

4. Potential for More Expensive Legal Remedies

Without the Ombudsman’s free assistance, more people will be forced to pursue costly legal remedies like writs of mandamus to resolve unreasonable delays, creating even more barriers for those without financial resources.

Legal and Policy Implications

The suspension of the USCIS Ombudsman Office raises serious legal and policy concerns:

Is This Action Legal?

The Homeland Security Act established the Ombudsman role by statute. While placing staff on administrative leave doesn’t formally abolish the office, it effectively prevents it from fulfilling its congressionally mandated functions. This appears to be a deliberate attempt to circumvent congressional authority.

Accountability Concerns

By suspending multiple oversight offices simultaneously, DHS has eliminated nearly all internal accountability mechanisms. The agency responsible for implementing immigration laws is now essentially operating without any checks on its power.

Due Process Implications

The Ombudsman played a vital role in ensuring due process for foreign persons navigating an increasingly hostile system. Its absence will lead to more uncorrected errors, arbitrary decisions, and prolonged family separations.

What Can You Do Now?

If you had a case pending with the USCIS Ombudsman or are experiencing issues that would typically warrant Ombudsman intervention, here are some alternative approaches:

1. Contact Your Congressional Representative

Your elected officials can make inquiries to USCIS about delayed or problematic cases. While congressional offices cannot directly expedite cases, their inquiries often receive responses from USCIS when individual applicants are ignored.

2. Consider Premium Processing Where Available

If your case type is eligible for premium processing and you can afford the additional fee (currently $2,500 for most forms), this can reduce processing times. However, this option is unavailable for many case types, including family-based green cards—another example of how the system creates different rules for different applicants.

3. File a Writ of Mandamus for Extreme Delays

For unreasonably delayed applications, a writ of mandamus—a federal court petition compelling an agency to take action—may be your only option. The fact that foreign persons are increasingly forced to sue the government just to get a decision on their application shows how broken the system truly is.

4. Maintain Detailed Documentation

Document all interactions with USCIS, including receipt numbers, processing times, service requests, InfoPass appointments, and any other relevant information. When dealing with a system designed to frustrate and confuse, documentation is your best defense.

5. Seek Legal Representation

The U.S. immigration system is designed to be confusing and difficult to navigate without legal help. Working with an experienced immigration attorney is now more critical than ever to identify alternative pathways and develop strategies to overcome intentional bureaucratic obstacles.

Our View

The suspension of the USCIS Ombudsman Office is yet another example of how the U.S. immigration system is designed to frustrate and exclude rather than facilitate legal immigration.

This action is part of a troubling pattern that treats all immigration-related matters as threats to be contained rather than as the legal processes they are. The Ombudsman provided a crucial lifeline for those caught in the web of administrative errors or deliberate delays, issues that arise from an intentionally underfunded and unnecessarily complex immigration system.

Without the Ombudsman, USCIS has even less incentive to process applications efficiently or correct its frequent errors. This particularly harms those without the financial resources to pursue expensive legal remedies.

Looking Forward

While no direct legal challenges to the Ombudsman suspension have been filed yet, we anticipate this may change. Democratic lawmakers have already questioned whether these suspensions violate congressional mandates, and advocacy groups are exploring potential legal responses.

In the meantime, foreign persons seeking immigration benefits must be more vigilant than ever. If you’re affected by the Ombudsman suspension or facing other immigration obstacles, contact us today. Our team understands the system’s intentional complexities and is ready to help you navigate this increasingly hostile landscape. While the system may be designed to discourage and exclude, we’re committed to fighting for your right to fair and timely processing of your immigration benefits.