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Letter to AG Holder on Due Process Protections for Mentally Disabled in Immigration Court

By immigrationprof

Brittney Nystrom, Senior Legal Advisor at the National Immigration Forum (www.immigrationforum.org) asked me to post this request:

Immigrant and disabilities rights advocates are urging Attorney General Holder to revise regulations and policies to provide strengthened due process protections for people in immigration court who have mental disabilities.  A prior version of this letter was circulated in April, but has since undergone substantial revisions.  This letter specifically recommends::

  • the appointment of counsel to all persons in removal proceedings who have mental disabilities
  • the appointment of guardians ad litem (in addition to counsel) to all persons in removal proceedings found mentally incompetent
  • the revision of existing regulations and the adoption of new regulations to standardize proceedings and increase protections for people in removal proceedings who have mental disabilities, including proposals for competency hearings and termination, administrative closure, and termination of proceedings
  • the provision of training programs and materials on mental health issues to immigration judges and EOIR staff

This letter is the product of many hours of work by advocates across the country.  As organizations dedicated to fighting for the rights of immigrants, please consider signing onto this letter if you haven’t already.  To be listed as a signatory, please fill out and execute the attached signature page and PDF it to Beatie Branch of Simpson Thacher & Bartlett LLP (bbranch@stblaw.com(212) 455-2304) no later than 5pm Monday, July 20. 

Here is the draft letter.  Download Letter_to_Holder

KJ