Questionable Rights in Removal Proceedings for Immigrants with Mental Diabilities

The Legal Action Center of the American Immigration Council issued a report recently on the treatment in removal proceedings of immigrants with mental disabilities. In contrast to the criminal justice system, there are no safeguards in removal proceedings for respondents with mental disabilities. To be sure, unreported numbers of noncitizens with mental disabilities are deported each year before anyone assesses their mental capabilities or psychological well-being.

As reported by the Legal Action Center, this is an alarming and urgent issue based on numerous reports of the mistaken deportation of U.S. citizens with mental disabilities. In a recent case before the Board of Immigration Appeals (BIA), the Legal Action Center argued that the current immigration laws do not provide sufficient protection to noncitizens with mental disabilities. The Department of Homeland Security (DHS) had appealed this particular case after the immigration judge terminated removal proceedings when he determined that the respondent could not understand the charges against him, among other issues. After the Legal Action Center submitted its brief, DHS withdrew its appeal, and the BIA dismissed the case, leaving the Immigration Judge's decision as the final one.

The Legal Action Center is correct that the current immigration regulations provide no safeguards for immigrants suffering from mental incapacity. Specifically, there are no procedures in place for ensuring that these respondents receive a full and fair hearing. Although respondents in immigration proceedings are not afforded many of the rights that defendants in criminal proceedings receive - such as the opportunity to undergo a psychological evaluation - the discrepancy in treatment of those with mental disabilities should not be overlooked.

Red the Legal Action Center's report here.

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