news

Federal Court Enjoins Government Agencies from Discriminating Against Immigrants with Mental Disabilities in Immigration Proceedings¹

On April 23, 2013, a federal judge in Los Angeles permanently enjoined the government from pursuing immigration proceedings against persons who have severe mental impairments without legal representation.²

In this case, the Plaintiffs claimed that the government detains and pursues removal proceedings against unrepresented persons who are not competent to represent themselves because of mental disorder and in some cases detains such persons for more than 6 months without a hearing.  This class action case arose when U.S. immigration authorities detained a Mexican immigrant with a cognitive disability for nearly five years without a hearing or a lawyer.  He “was forced to represent himself even though he functions at the mental level of a child and cannot tell time or remember his birthday.”³ 

The plaintiff’s complaint alleged that the government discriminated against mentally impaired persons by denying benefits or services solely on the basis of their disability, in violation of Section 504 of the Rehabilitation Act of 1973. The court reasoned this was so because plaintiffs were unable to meaningfully access full participation in their removal and detention proceedings because of their disability.  

In the same proceeding, the court also permanently enjoined ICE from detaining those with a serious mental disorder for more than 180 days without a bond hearing “unless the Government shows by clear and convincing evidence that [such] ongoing detention is justified.”

The court found that the government agencies violated Section 504 of the Rehabilitation Act of 1973 by “failing to provide [the plaintiffs] with a reasonable accommodation” for their disability.  The court stated that competent representation was the only means by which the plaintiffs could invoke their rights and that providing a Qualified Representative in all aspects of the immigration proceedings was a reasonable accommodation. 

PWDF Profile

Who We Are

People With Disabilities Foundation is an operating 501(c)(3) nonprofit organization based in San Francisco, California, which focuses on the rights of the mentally and developmentally disabled.

Services

Advocacy: PWDF advocates for Social Security claimant's disability benefits in eight Bay Area counties. We also provide services in disability rights, on issues regarding returning to work, and in ADA consultations, including areas of employment, health care, and education, among others. There is representation before all levels of federal court and Administrative Law Judges. No one is declined due to their inability to pay, and we offer a sliding scale for attorney's fees.

Education/Public Awareness: To help eliminate the stigma against people with mental disabilities in society, PWDF's educational program organizes workshops and public seminars, provides guest speakers with backgrounds in mental health, and produces educational materials such as videos.

Continuing Education Provider: State Bar of California MCLE, California Board of Behavioral Sciences Continuing Education, and Commission of Rehabilitation Counselor Certification.