TAMMY DUCKWORTH comer ot Wnited States Senate Ae ies January 29, 2017 VIA ELECTRONIC DELIVERY ‘The Honorable John Roth Inspector General Office of the Inspector General USS. Department of Homeland Security 245 Murray Lane SW Washington, DC. 20528-0305 Dear Inspector General Roth: We are writing to request that the U.S. Department of Homeland Security (DHS) Office of Inspector General (OIG) immediately initiate a comprehensive investigation into DHS implementation of “Protecting the Nation from Terrorist Entry into the United States by Foreign Nationals,” an Executive Order (EO) signed on Friday, January 27, 2017. The chaotic execution of this EO by DHS and U.S, Customs and Border Protection (CBP) personnel raises serious concerns in regard to whether taxpayer dollars were efficiently and effectively spent, rather than wasted on unwarranted and unjust detentions of lawful permanent residents (LPRs) and others who posed no security threat, and who had already been authorized by the United States Government to enter ‘our country Reports indicate CBP Officers detained LPRs at O" Hate for a prolonged period of time with no access to legal counsel. We ate deeply concerned by CBP’s failure to respond to time-sensitive Congressional oversight inquiries and allegations that the agency refused to permit attorieys to meet with detained LPRs. at O'Hare and other airports across the country. CBP’s refusal to allow detained legal permanent residents to meet with legal counsel is especially troubling in light of the determination by the United States District Court for the Eastern District of New York that it is likely the removal of the detained individuals would have violated their rights to Due Process and Equal Protection guaranteed by the United States Constitution, We are particularly alarmed by allegations that CBP Officers and potentially other Department personnel, failed to comply with a temporary restraining order issued by Judge Leonie M. Brinkema of the United States District Court, Easter District of Virginia, that directed CBP to provide detained LPRs at Dulles International Airport with access to attorneys. Such allegations should not be taken lightly and require swift investigative action by your office. We must ensure that CBP is held accountable for following the law and respecting our Nation's system of checks and balances, Accordingly, we request that DHS OIG investigate DHS and CBP implementation of the Executive Order signed on Friday, January 27, 2017. Specifically, we request that DHS OIG investigate: ‘¢ How DHS and CBP prepared to implement the EO and what guidance DHS and CBP personnel provided to the White House during development of the EO;Office of Senator Tammy Duckworth Letter to the Honorable John Roth January 29, 2017 Page 2 of 2 ‘© What guidance and training were provided to CBP Management and Officers to make sure the EO was implemented in a consistent and fair manner that protected the constitutional rights of all detained individuals; How DHS and CBP determined what information to share with the public; ‘Whether DHS and CBP kept a list of all detained individuals and if not, why not; Whether, when, and how CBP officers at airports nationwide were informed of court orders affecting implementation of the EO, including what specific information and instruction CBP officers were provided regarding compliance with court orders; ‘¢ What steps DHS and CBP took to ensure that all DHS and CBP personnel complied with all relevant court orders: ‘© What complaints CBP received regarding its compliance with the relevant court orders and how these complaints were resolved; ‘¢ Whether CPB officers took action that was contrary to any court orders and if so, what actions were taken, where were they taken and who directed such actions; What justifications CBP officers have proffered for any actions contrary to any court orders; ‘What actions CBP has taken, or plans to take, to hold CBP Officers accountable for any violations of a Federal Court order; and Any remedial actions CBP has instituted to prevent any violations from occurring again, The United States Constitution means little if law enforcement agents disregard it, or if Americans are unwilling to defend its principles and respect foundational constitutional rights, from due process to equal protection under the law. The American people are relying on your independent investigators to serve asa check against a powerful law enforcement agency that may be violating the civil rights of LPRs and ‘operating in violation of the law. If you have any questions about this request, please contact Benjamin Rhodeside on Senator Duckworth’s staff at 202-224-2070 or by email at: Benjamin_Rhodeside@duckworth.senate gov. Thank you in advance for your prompt consideration of my request. Dick Durbin United States Senator Sincerely,