News & Commentary

Mario* had a long history of mental illness prior to landing in immigration custody. He struggled with schizophrenia, and had attempted suicide in the past. Despite his long history of mental illness, however, none of the various immigration officials who came into contact with him—including deportation officers, medical staff or even the immigration judge—ever thought to assess Mario’s mental health to determine whether he was competent to represent himself in his immigration case. Instead, all he got was a notation in his file that he should be transferred to a more appropriate facility for evaluation and treatment—a notation that the immigration judge in his case never even saw. The judge had no idea that Mario suffered from a serious mental illness that could affect his ability to represent himself. Mario therefore appeared for hearing after hearing, alone. He was apparently supposed to represent himself, despite his clear inability to do so.

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By Beth Werlin, American Immigration Council & Kristin Macleod-Ball, American Immigration Council

 At the West Valley Detention Center in San Bernardino County, gay, bisexual, and transgender (GBT) people are punished twice: first, for the crimes they allegedly committed and again, simply for being GBT. Unlike non-GBT inmates who are housed in dorms or are out of their cells most non-sleeping hours, GBT prisoners languish in an anachronistically dubbed "Alternative Lifestyle Tank."Here, they are kept in their cells for an average of 22 hours each day and are given no access to the center's programs and facilities provided to non-GBT prisoners. They are prohibited from attending congressional prayer, and denied access to GED classes, rehabilitation programs and work opportunities -- all because of their sexual orientation or gender identity.

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By Noa Yachot, @NoaYachot