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Deportation by Default
Mental Disability, Unfair Hearings, and Indefinite Detention in the US Immigration System
Summary
Key Recommendations
I.
Methodology
II. Defining
Mental Disability
III.
Initiating Immigration Proceedings
Persons with
Mental Disabilities in Immigration Court
Arrest and
Initiation of Proceedings by ICE
What Happens
in Immigration Proceedings
IV.
Identifying Mental Disability in the Courtroom..
Why Mental
Disability Matters
Identifying
Disability in Immigration Court
Stigma and
its Legal Consequences
V.
Violations of the Right to a Fair Hearing in Immigration Court
Legal
Standards Requiring Fair Immigration Hearings
Access to
Justice in the Absence of Law..
Disempowered
Courts
The Right to
a Lawyer
An Attorney
May Not Be Enough
When
Safeguards Cannot Make Proceedings Fair
VI.
Violations of the Right to be Free from Arbitrary Detention
Legal
Standards Requiring Freedom from Arbitrary Detention
Inflexible
Detention Policies
Failures to
Provide Efficient Proceedings and to Limit Detention
Prolonged
Detention After the Final Order of Removal
VII.
Detailed Recommendations
To ensure
fair immigration proceedings for people with mental disabilities
To ensure
that immigration courts are aware when a person has a mental disability
To reduce
unnecessary detention during immigration proceedings
To limit
prolonged detention after deportation has been ordered
Acknowledgements
Appendices
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