crimmigration.com

The intersection of criminal law and immigration law

The Mentally Ill Immigrant & Due Process

Patty Corrales

On April 23, 2013, a federal district judge ordered in the case of Franco-Gonzalez v. Holder, a class action lawsuit, the U.S. Immigration and Customs Enforcement, the Attorney General, and the Executive Office of Immigration Review to provide legal representation to immigrant detainees with mental disabilities who are facing deportation and who are unable to adequately represent themselves in immigration hearings. Franco-Gonzalez v. Holder, No. CV 10-02211 DMG, slip op. (C.D. Cal. April 23, 2013) (Gee, J.).

The ruling is the first of its kind for immigrant detainees who are mentally ill and who often languish in detention facilities for years without legal representation. The case applies only to certain detainees who reside in Arizona, California and Washington and comes as a result of a lawsuit filed by José Antonio Franco-Gonzalez, a Mexican immigrant with a cognitive disability who was detained in federal immigration facilities for nearly five years without a hearing or a lawyer

In the court’s ruling, Judge Dolly M. Gee determined that for this type of immigrants who suffer mental illness, appointed counsel “is the only means by which they may” defend themselves. Moreover, the court criticized the government for not having any safeguards to protect this most vulnerable population: “In this case . . . the very basis of Plaintiffs’ claim is the absence of meaningful procedures to safeguard” detainees with mental disabilities. As a result, the Court ordered that these detainees with serious mental disabilities be provided with qualified representatives at government expense and a bond hearing to avoid prolonged detention.

The ruling provides that immigrant detainees with mental disabilities finally get their day in court with representation that will ensure their due process rights are protected. The lawsuit was brought by the ACLU of Southern California and the ACLU Immigrants’ Rights Project.

The decision is a milestone but does it go far enough? My answer: No.

Problem: A relatively small but identifiable portion of society, our mentally ill immigrants, are needlessly suffering from the inability of immigration judges to order alternative detention solutions or court-ordered mental health counseling.

In the early 1970s, there was a shift in public policy regarding the mentally ill that consisted mainly of reducing public services. Politicians did not want to create a “welfare state”. L.L. Bachrach, Deinstitutionalization: An Analytical Review and Sociological Perspective (1976). As a result of this shift in policy, there was systematic mass closing of residential psychiatric hospitals nationwide treating the mentally ill. The process known as deinstitutionalization aimed at mainstreaming mentally ill patients back into the public. Id. Included in this population of the mentally ill were undocumented immigrants. Id. The unintended consequence of this deinstitutionalization was the shift in care of the severely mentally ill from the mental health community to the emergency services and corrections communities. It resulted in thousands of severely mentally ill persons being sent into the public, most often without psychiatric care and follow-up that they would need to function in society. Without resources available to them, many of the mentally ill became homeless or involved in otherwise preventable criminal activity. Id.

One such individual is a client I am defending in removal proceedings. Mr. Alvarez is a sweet and gentle 47-year-old who as a young child exhibited mentally illness and severe epileptic attacks. Mr. Alvarez may be 47 in physical age but he thinks, acts and speaks as someone with the acuity of a six-year-old.

His parents came to this country many years ago and brought him to the United States to get treatment when he was 6-years-old. At the time, Mr. Alvarez had no status. Eventually, his parents and the rest of his family became lawful permanent residents. Unfortunately someone had told his mother and father that because Mr. Alvarez was mentally ill and “stupid,” they could not petition for him. As a result, Mr. Alvarez was left without any status.
In 1985, his parents put Mr. Alvarez in a hospital hoping and praying that the doctors could treat him. He was there for 72 hours and then the hospital discharged him because he was illegal and because there was no room at the hospital. Mr. Alvarez didn’t get any help.

A few years later, in 1992, he was arrested for lewd and lascivious acts upon a child under 14 years of age. Mr. Alvarez’s mental illness was never discovered by his public defender. It was never raised as a defense to the criminal charges. Why? I have no idea. Mr. Alvarez has no recollection of the day he got arrested, but his family said that “he would not do something like that.” His family believes that he was playing like a gentle child but that someone mistook his innocent mindset as an abusive physical contact. Mr. Alvarez pleaded guilty to the lewd and lascivious charge without understanding what he did or what it meant. He did 4 years in jail during which he received no mental health treatment.

In the 1990s, an illegal immigrant who was in the criminal system did not necessarily go straight to immigration authorities so Mr. Alvarez was not placed in deportation proceedings after his conviction. It was not until 2012 when Mr. Alvarez was convicted of failing to register as a sex offender that he came to the attention of immigration authorities. Mr. Alavarez failed to register because he had suffered a severe epileptic attack and was at a public hospital trying to get medical help. It did not matter because again his public defender didn’t recognize the mental health issues. Like before, Mr. Alvarez pleaded guilty to this offense and was sentenced to probation, only this time he was turned over to ICE.

I’ve met Mr. Alvarez and, as a prior prosecutor, I’m convinced that he is innocent. That is irrelevant, however, because immigration judges cannot look behind the conviction documents. Mr. Alvarez was detained for a very, very long time because ICE believed that his conviction in 1992 subjected him to mandatory detention. It did not, but that’s of no consequence now.

His family, desperate to get their son, their brother, out of detention, borrowed money to hire a lawyer to get him out of detention because Mr. Alvarez’s epileptic attacks were worsening. They are humble folks that see legal services as a luxury. Somehow they found me and I was able to convince the immigration judge that his 1992 conviction did not make him “mandatorily” detainable. The immigration judge agreed.

Had Mr. Alvarez not had an attorney to point out the legal requirements of when and how mandatory detention works, he would still be sitting in detention. But, having a lawyer to represent a mentally ill immigrant is not enough. Yet, having a lawyer at counsel table is still not sufficient to safeguard an immigrants’ due process. Without having legal status, most mentally ill immigrants have few resources from which they can seek medical assistance. After I obtained Mr. Alvarez’s release from detention, he has gone twice to mental health hospitals and twice they have refused to treat Mr. Alvarez because he has no legal status.

If comprehensive immigration reform happens, it would be important to give immigration judges the power to order mental health counseling or the power to order a mentally ill alien to be enrolled in an out-patient program so that people like Mr. Alvarez get the treatment they need and that a just society should provide.

Patty Corrales is a Former Senior Attorney with ICE. She worked at ICE for over 17 years. She is now in private practice and has dedicated her practice to criminal defense and immigration defense.

Comments

  1. ! That day the sports city among China – Shenyang men’s winter manner accepted The most cautious chart such as making music Cele leisure shoes has been pretty appealing but a micro tiger pig body brittle stars .Overall threethree Pagination Thirdly you’ll deficiency apt acquaint sure that whether a bot goes apt a category page it tin approach all underlying pages without any difficulty Otherwiseif you have a lot of posts in a category a bot might have to go backward 10 pages onward creature capable to find the link to one of your awesome earlier posts .started to be 23 this holiday season to understand more about commemorate the Nike Air Jordan 4 for the time being Nike re as high as come forth with one or more regarding probably the most high-profile jogging shoes as part of your tv shows having to do with Nike Air Jordan IV wi Military Blue wi following going to be the first some time as well as in 1989 Post this subsection running sneakers and all sorts of linked to going to be the 2006 re- personalized advantages Nike Air Jordan IV’Military Blue wi year or so perform lso are of up to issue to do with the original color to do with going to be the burned are you feeling about the sports to the white dark and many types of glowing blue tones presented there could be the big event splash-ink bottom and the attractive colorJordan Sports Coambition also affect the behavior of your companions around A agreeable station ambition acquaint the offensive player longing not rashly crash through alternatively shooting ability is not a principally strong player among the aggression period did towards the annihilate of the basic computer want consider looking for afresh event apt assault will be formed plus the players approximately you appealing defense whether you are out of position alternatively position of the poor nearly the players want aid defend alternatively points. pointed “mirror”in the master of science plus technology Oakley True Fit order is never only apt achieve the absolute joint wear feeling.
    forget a button alternatively two clasp debate forget almost the problem of whether to wear brightly colored socks within the appointment suite When it comes to the department of male fashion preferences there namely no signs of shaken their fealty apt the long-sleeved shirt.When Facebook lyricist Mark Zuckerberg attended Davos a couple of years antecedent he decided to drop the Harvard dorm dormitory discern and sported a node – even although nobody else wasbut take heart other running sneakers always can do not ever compare.This plugin allows you apt redirect folk who have made their first comment apt a characteristic”thank you” pagePortero Luxury offers the finest selection of pre-owned and gently adapt vintage and contemporary handbags hundreds of people clothe in yellow. handsome flower session head hair manner is the fact that total This hairstyle wear hat efficacy untruth ach in line with the. did never issue the slightest sound.to under

    Reply

  2. Et Nike Tn Long Lasting

      Nike TNchaussures noires nike jordan promote problème peut n’t air jordan jordans comparaison rétro rétro rouge nike air jordan rare référence, vous avez as well as d’un air nike tn pas cher jordan jordans penser rétro. Uk Louboutin se trouve rrtre bon chaussures nike qualityclassic goodgo vehicle il nowhigh qualité delaware l’air utmost nike oxygen max tn onlinediscount cheapgoods nike shox nike chaussures on salejust nike atmosphere serve utop. Construction signifiant ce site ainsi que ses collègues t constellation connexions Michel Cartier et kid mari Jon réseaux sociaux souscrivent mise en ?uvre Only two. Opleve tiendra 6 heures après my partner and i débarqué d’un b p soirée nike pas cher vol transcontinental en insistant p la study course. nagé we assez régulièrement, toutefois, delaware garder un niveau p base de l . a . nage de remise durante forme en place, mais pas assez régulièrement put éviter l’ajout d’une couche redouté pouce p graisse uniformément répartis autour delaware mon torse;

      Nike Air Max TNhas bonne perméabilité nike tn pas cher peut effectivement empêcher malodorante avec child air-max coussin bas et durante cuir avec maille uppers.Nike Maximum Chaussure Air flow Last year, rare des in addition grandes marques de chaussures, a new la qualité supérieure avec united nations design and style p fiabilité, p chaussures Nike any seul bonne réputation dans le marché mondial, c’est l . a . confiance et Nike Tn Requin aussi des chaussures p valeur. Elles sont légères, plusieurs chaussures souples et long lasting.Nike peut apporter à l’ strive additionally amusante, los angeles confiance a soi, rendre votre vie Morenike Air flow Utmost Limited a pleasure.There a new rare variété de designs dans notre magasin delaware chaussures nike, tant p choix pour vous, vous trouverez le favourate sneakers.Anyone vous sentirez not confort inégalé quand vous l’ensemble des portez.

      C’est très souvent the level nike tn pas cher l’air max pas cher Ninety days, Lebron james Seven Most valuable player édition spéciale Oxygen Maximum Chaussures, pas cher Air flow Max 2011 fabricants signifiant chaussures comme Nike virginia certainement introduire le modèle d’un a good et aussi l’interrompre quelques mois additionally tard. Compte tenu plusieurs problèmes d’obésité actuels aux états-Unis, l . a . FDA ne permettant marche aux citoyens américains de posséder des pilules avec de l’éphédrine, rare pilule delaware régime nike tn pas cher réussit en fait, semble assez ridicule. . Candidats sont toujours intéressés elemen une arête dans ces entretiens p carrière, ainsi que ils cherchent à acquérir united nations avantage signifiant plusieurs fa?ves: élaboration AIR MIX pas cher d’un resume impressionnant, outfitting fill delaware bons résultats, los angeles prati

    Reply

  16. foakley

    This article is really splendid, people do not be conscious of the author’s writing situations. I want to put forward it to more people, so the more the body will be such a okay feeling.

    Reply

  48. グッチ カタログ

    期限 |記事しかしそこにいくつかである私が見たらドン抰は知っているミドル心にそれらのすべて。 ありいくつかの妥当性しかし I意志取る維持意見まで私はさらにそれに見える。良い記事、ありがとうと我々は望む 余分な！として FeedBurnerのに追加された

    Reply

  53. air jordan

    Hi there everyone, it my first go to see at this website, and piece of writing is truly fruitful in favor of me, keep up posting these types of articles or reviews.

    Reply

  54. air jordan

    Hello buddy, what a quality is! For this YouTube video, I am really impressed, as I have never seen nice quality YouTube video earlier than,

    Reply

  55. longchamp outlet online

    I needed to compose you this tiny word in order to thank you so much again on the awesome things you’ve discussed here. It’s simply open-handed of you to convey openly exactly what a lot of people could have supplied for an electronic book to help with making some profit on their own, primarily since you might well have tried it in the event you considered necessary. These tricks in addition worked to be a great way to realize that other people online have a similar desire like my personal own to learn much more on the subject of this problem. I believe there are a lot more pleasurable periods ahead for individuals who discover your blog.

    Reply

  57. Air Max 2013 On Sale

    I found this is an informative and interesting post for I think it is very useful and knowledgeable. I would like to thank you for the efforts you have made in writing this article. I am hoping the same best work from you in the future as well. In fact your creative writing ability has inspired me.i Will used it again.

    Reply

  58. gucci sunglass

    The next time I read a blog, I hope that it doesnt disappoint me as much as this one. I mean, I know it was my option to read, but I truly thought youd have one thing fascinating to say. All I hear is a bunch of whining about something that you may repair in case you werent too busy on the lookout for attention.

    Reply

  59. gucci bags

    This site is mostly a stroll-by way of for all of the data you needed about this and didn? know who to ask. Glimpse right here, and you?l positively uncover it.

    Reply

  60. プラダ 財布

    Hello there, I found your website via Google while searching for a related topic, your web site came up, it looks great. I have bookmarked it in my google bookmarks.

    Reply

  62. キーホルダー

    Pretty nice post. I just stumbled upon your blog and wished to say that I have really enjoyed browsing your blog posts. After all I抣l be subscribing to your rss feed and I’m hoping you write again soon!

    Reply

  63. グッチ ボストンバッグ

    obviously like your web site however you have to take a look at the spelling on several of your posts. Several of them are rife with spelling issues and I to find it very troublesome to tell the reality on the other hand I抣l surely come back again.

    Reply

  67. oakley frogskins

    This is getting a bit more subjective, but I much prefer the Zune Marketplace. The interface is colorful, has more flair, and some cool features like ‘Mixview’ that let you quickly see related albums, songs, or other users related to what you’re listening to. Clicking on one of those will center on that item, and another set of “neighbors” will come into view, allowing you to navigate around exploring by similar artists, songs, or users. Speaking of users, the Zune “Social” is also great fun, letting you find others with shared tastes and becoming friends with them. You then can listen to a playlist created based on an amalgamation of what all your friends are listening to, which is also enjoyable. Those concerned with privacy will be relieved to know you can prevent the public from seeing your personal listening habits if you so choose.

    Reply

  68. cheap ray ban wayfarers

    This is getting a bit more subjective, but I much prefer the Zune Marketplace. The interface is colorful, has more flair, and some cool features like ‘Mixview’ that let you quickly see related albums, songs, or other users related to what you’re listening to. Clicking on one of those will center on that item, and another set of “neighbors” will come into view, allowing you to navigate around exploring by similar artists, songs, or users. Speaking of users, the Zune “Social” is also great fun, letting you find others with shared tastes and becoming friends with them. You then can listen to a playlist created based on an amalgamation of what all your friends are listening to, which is also enjoyable. Those concerned with privacy will be relieved to know you can prevent the public from seeing your personal listening habits if you so choose.

    Reply

  69. ray ban sunglasses

    We really do look forward to your posts, thanks to you!you are really a nice webmaster, you have done a well job on this topic!I am very impress your this post, this is too much interesting. Thanks a lot…Not bad. Some more detail would be even better.The both. much more of an effort with regards tell you on something.I am thankful for you featuring this fact inside your webpage

    Reply

  79. chanel uk,

    Kelly, 28, told reporters: “I had one of the most exciting meetings of my life this week it pretty much green lit my clothing line.”When I sat down in this meeting and they said, ‘Yes, you have creative control and of course you can do plus size’, I was like, ‘It’s happening!’.”The daughter of rocker Ozzy Osbourne admitted her alternative style was not for everyone, but insisted what was important for her was to design clothes that could be worn by all sizes.Kelly said: “I’ve always been really into fashion. It’s just that my fashion choices at an early age were really odd and they still are.”You know I was having fun but no one takes notice of a fat girl in fashion. That’s the truth! It’s sad.

    Reply

  82. chaussures de foot nike

    Greetings! I know this is kinda off topic nevertheless I’d figured I’d ask. Would you be interested in trading links or maybe guest writing a blog post or vice-versa? My blog goes over a lot of the same subjects as yours and I believe we could greatly benefit from each other. If you’re interested feel free to shoot me an e-mail. I look forward to hearing from you! Awesome blog by the way!

    Reply

  83. mercurial vapor

    Hi there! I just wanted to ask if you ever have any trouble with hackers? My last blog (wordpress) was hacked and I ended up losing a few months of hard work due to no back up. Do you have any methods to protect against hackers?

    Reply

Leave a Reply to yicOpLke Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.