Tag Archives: intellectual disabilities

Deportation by Default, Part Two: United States Wrongfully Deports Disabled Citizen

In July, a study was released discussing disabled immigrants and revealing some alarming facts about who is in immigration detention in the United States. I wrote about it here, and the numbers were pretty astounding. The study uncovered the fact that 15% of the people in immigration detention in the United States had disabilities that impaired their ability to understand immigration proceedings. They were unable to defend themselves in court and unable to understand their legal rights. Some were kept for years in detention while officials debated what to do with them.

Immigration law is one of the most tangled areas of law in the United States. The system is complex and labyrinthine and it’s extremely difficult to navigate. It’s even harder when you’ve been held in detention for weeks, months, or years and you’ve been provided with inadequate care; being in confinement is stressful, and can exacerbate mental illness for some people, making it even more challenging to make your way through the court system. The ACLU set out some immediate demands in their report to get better protections for disabled detainees; as far as I know, those demands have not been met.

The report also documented cases of US citizens with disabilities who were deported because they were the wrong colour and they were unable to defend themselves in court. Just last week, I read a followup on a case I discussed; the American Civil Liberties Union is suing on behalf of Mark Lyttle, who was deported and left to fend for himself in Mexico, Honduras, Nicaragua, and Guatemala for four months before he was able to get assistance from a US embassy. This case has been dragging on for over a year.

Lyttle is of Puerto Rican descent, but he’s lived in the United States his whole life. He only speaks English. The government knew this when they deported him:

The U.S. government admitted in April that it had wrongly deported an N.C. native, but newly released documents show that federal investigators ignored FBI records and other evidence showing that the man was a United States citizen.

At the time of Mark Lyttle’s deportation, immigration officials had criminal record checks that said he was a U.S. citizen. They had his Social Security number and the names of his parents. They had Lyttle’s own sworn statement that he had been born in Rowan County. (source)

His story started when he was briefly jailed for ‘behavioural problems’ in a home for people with mental illness. Officials referred his case to Immigration and Customs Enforcement (ICE) despite being aware that he was a US citizen. ICE detained him, investigated, denied him legal counsel, and deported him to Mexico.

As he drifted homeless and penniless through Central America, he was unable to access the medications he was taking to treat his mental illness. Unstable environments contributed to a deterioration of his mental state. He considered suicide. He was imprisoned by multiple sets of officials and deported a second time when he managed to re-enter the United States. Finally, after reaching an embassy, his family was contacted and he was brought safely back into the United States.

There are layers of problems with this case. There’s the documented issue that ICE fails to serve people with disabilities in immigration detention, making it impossible for undocumented immigrants, documented immigrants, and wrongfully detained citizens alike to make their way through immigration proceedings; it’s pretty much impossible for anyone to self-represent in immigration court, let alone someone who is disabled, isolated, frightened, and not getting adequate care. It’s clear that a better system needs to be put in place to screen people when they enter detention so they can be provided with adequate services, if we are going to be detaining people at all.

And there’s the problem, not restricted to people with disabilities, of deporting people simply because they appear to be undocumented immigrants. If you have brown skin, if you ‘look Mexican,’ whether or not you are, whether or not you have documentation, there is  a potential risk of deportion. ICE raids in workplaces across the country have swept up legal immigrants along with US citizens, including some people who have never been outside the US. Despite ample documentation, these people have been deported. Because they look wrong.

Cesar Ramirez Lopez, a San Pablo truck driver, won a $10,000 settlement in 2007 after he was held for four days by U.S. Immigration and Customs Enforcement agents even after his lawyer convinced ICE investigators that he was a citizen.

Rennison Castillo, a Washington state man who was born in Belize but took his oath of citizenship while serving in the U.S. Army in 1998, who spent seven months in an ICE prison in 2006. He is suing the government with the help of the Northwest Immigrant Rights Project in Seattle.

Some longtime observers of the immigration agency say that, while citizens make up a tiny fraction of the roughly 400,000 people who pass through ICE custody each year, such cases occur with some regularity. The problem is exacerbated, they say, by the fact that immigration detainees, unlike those in the criminal justice system, lack the right to legal counsel and other due process protections. (source)

One of the cornerstones of the legal system in the United States is supposed to be the premise that people are innocent until proven guilty. Yet, in the case of deportation proceedings, people are…guilty until deported. Denial of basic legal rights to people in immigration detention is a travesty and a human rights violation. People are intimidated into complying with deportation proceedings:

The young man was bullied into signing a form authorizing his voluntary deportation, except that it wasn’t made clear to Delgado that by affixing his John Hancock he was okaying being shipped off to Mexico. His belief was that he would be allowed to return home in Houston if he just did as he was told. (source)

This is a problem that goes far beyond the issues with disabled detainees in particular. The current state of our immigration system is a travesty that needs to be addressed; it is a foreign policy issue, it is a human rights problem, it is a fundamental violation of everything the United States claims to stand for. Providing basic legal rights to all people in immigration detention should be an immediate priority for the United States, because this has got to stop.

Signal Boost: The Arc FINDS Survey 2010 (Open Until 1 November)

This informational survey is being conducted by The Arc, a national [US] disability organization whose mission is to promote and protect the human rights of people with intellectual and developmental disabilities and actively supports their full inclusion and participation in the community throughout their lifetimes.

The purpose of this survey is to capture the perceptions of individuals with intellectual and developmental disabilities of all ages,and their families, on issues concerning disability support needs across the life spectrum. Responses will be used to help inform disability organizations, services, policy, and public perceptions on issues related to disability supports that you or your family member has now, needs or is anticipated to need in the future. Your answers will remain completely anonymous and confidential. We will not connect your responses and answers to you personally; your identity will remain unknown to staff working on this project unless you choose to provide your name and contact information at the end of this survey.

There are no risks or costs associated with completing this survey.

Respondents needing personal assistance with filling out the survey may have their appointed personal assistant help complete the survey, but responses in the first section of the survey should be those of the respondent, not of the caregiver or personal assistant.

Your completion and submission of this survey indicates that you, or your parent or caregiver, are at least 18 and voluntarily consent to participating. Average time to complete this survey is 30 to 45 minutes.

Copies of this survey may be made available upon request in Spanish, large print and Braille.

Link to online survey.

Deportation by Default: 15% of Immigration Detainees in the US Have Disabilities That Impair Their Understanding of Deportation Proceedings

Human Rights Watch and the American Civil Liberties Union released a report yesterday shedding some shocking light on the immigration detention system in the United States. According to ‘Deportation by Default,’ 15% of immigration detainees have mental illnesses or intellectual disabilities that render them unable to present their cases or understand immigration proceedings in court. Many were held for indefinite periods, like Jose Antonio Franco Gonzalez and Guillermo Gomez-Sanchez, two men who were held in detention for almost five years without adequate care.

Representation is not mandated or guaranteed for people undergoing immigration proceedings:

Some were able to hire lawyers, others received pro bono representation – but there is no automatic right to court-appointed counsel, and most were not represented, the report said. (source)

I know I couldn’t represent myself in immigration proceedings and have a fighting chance at winning, personally, and I have a lot less working against me than many immigration detainees do. The fact that counsel is not appointed for people who may be navigating an unfamiliar legal system in a language they may not understand is, to be blunt, a horrific miscarriage of justice.

The ACLU concludes its summary of the situation with this rather damning commentary:

Due process is part of judicial integrity. It’s a basic principle that this country has decided to prioritize. It’s one of our greatest exports — we send people all over the world to talk about rule of law and how to reform judicial systems but we’re not doing it here in our fastest growing judicial system [the immigration courts].

Not every non-citizen with a mental disability is entitled to remain in the United States; but everyone is entitled to a fair hearing and a chance to defend his or her rights. If the US government is going to detain and deport individuals with mental disabilities, it must do so in a way that respects their human rights, honors US human rights commitments, and ensures fair and accurate court decisions.

The circumstances and situations documented in this study, incorporating interviews with 104 people, are something that the United States should be deeply ashamed of. The justice system in the United States is often touted as a paragon of equal access and fairness; we are told that everyone has access to due process, to representation in court, to the right to understand legal proceedings. Yet, for disabled immigration detainees:

Deficiencies exist throughout the arrest, detention, removal, and deportation process, violating the human rights of affected individuals and offending both American and international standards of justice. The shortcomings include no right to appointed counsel; inflexible detention policies; lack of substantive or operative guidance for attorneys and judges as to how courts should achieve fair hearings for people with mental disabilities; and inadequately coordinated care and social services to aid detainees while in custody and upon release.

The report documents cases of people who did not understand what deportation meant and lacked the ability to comprehend deportation proceedings; one subject asked to be deported to New York, for example. Some interview subjects had intellectual disabilities or untreated mental illnesses that made it functionally impossible to understand what was happening, while others were in extreme emotional distress and had difficulty comprehending the proceedings, let alone communicating. At least two cases included US citizens wrongfully subjected to deportation proceedings. One North Carolina native had bipolar disorder, was unable to understand the case against him, and could not represent himself in court, so he was deported to Mexico. Another, a US citizen since childhood, would have been deported if it weren’t for the actions of an attorney with the Florida Immigrant Advocacy Centre.

The report urges Congress to require appointment of lawyers for all people with mental disabilities in immigration courts. It recommends mandatory training for immigration judges to recognize mental disabilities, and calls for repeal of a regulation allowing a mentally disabled detainee to be represented in court by the warden of the detention facility. (source)

This recommendation would certainly be a step in the right direction if it was followed. It’s clear that we have been subjecting disabled detainees to grave injustice, and it’s going to take a lot of work to remedy that. People with disabilities are also poorly served in the US court system in general, but attorneys at the ACLU point out that deportation proceedings are among the most complex legal matters people can encounter, with the fewest protections in place; if there’s any place where inability to understand court proceedings has high stakes, a deportation hearing is definitely high on the list.

“Owing to their mental disability, people may not be able to share their experience with the judge in a way that helps him understand that they have a mental condition or a valid claim,” says Deborah Fowler, Texas Appleseed’s legal director. “This is particularly true for asylum seekers who have suffered trauma or persecution in their home countries.” (source)

Another serious problem for people trapped in immigration detention is that it can be stressful, exacerbating mental health issues and causing emotional distress for people with intellectual disabilities. Being shuffled from facility to facility has documented ill health effects on nondisabled people, and those effects can be even worse for people with disabilities, especially when they are denied adequate care and treatment. Judges, uncertain about what to do with detainees who clearly do not understand the proceedings, can place cases in a form of legal limbo, leaving people adrift in the immigrant detention system for years.

If this report outrages you as much as it does me, I urge you to contact Congress to tell them that you would like to see this report followed up, and want to see Congress taking the concluding recommendations seriously. If you are in the US, your own Representative is the best bet for a contact and/or you can write your US Senators. If you are outside the United States, please consider contacting a member of the House Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law or the Senate Subcomittee on Immigration, Refugees, and Border Security and explaining that while you are not in the United States, you are gravely concerned by this report and feel that it reflects poorly on the position of the US in international society (and anything else you care to add). You can also drop a line to President Barack Obama, should you feel so inclined.