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ARC is soliciting public support against public charge changes.

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Act Now to Support Immigrants with Disabilities!

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The public charge rule is used to prevent people from coming into the United States for work, to live, or to visit if the government thinks they might

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Research: Being an Immigration with Disabilities

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Research: Being an Immigration with Disabilities

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Coalition for Immigrant Mental Health LGBTQIA Resources

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Coalition for Immigrant Mental Health LGBTQIA Resources

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LGBTQIA+ Resources — The Coalition for Immigrant Mental Health

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Online therapy has many benefits for members of the LGBTQ+ community. If you live in a rural area or just can’t find a therapist who understands the challenges facing LGBTQ+ individuals, online therapy makes it easier to access mental health care. Online therapy also allows you to engage in therapy on your terms. Maybe you don’t want to drive to an office and talk with a therapist face-to-face; with online therapy, you don’t have to. You can engage in therapy sessions via video or text, ensuring you’re as comfortable as possible.

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Detention of Immigrant Children with Disabilities in CA (report)

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Detention of Immigrant Children with Disabilities in CA (report)

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The Detention of Immigrant Children with Disabilities in California: A Snapshot | Disability Rights California

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The number of unaccompanied immigrant children in United States custody is at an all-time high, surpassing 14,000 as of November 2018. These children are placed into the custody of the Department of Health and Human Services.

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DB101 California - Cash Assistance Program for Immigrants (CAPI): The Basics

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CAPI helps immigrants with disabilities and seniors who have low income, low resources, and do not qualify for SSI.

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Disabled Immigrants Face Compounding Barriers to Education and Employment (Report)

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Disabled Immigrants Face Compounding Barriers to Education and Employment (Report)

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Article: Disabled Immigrants Living on the Edge of Barbwire

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Article: Disabled Immigrants Living on the Edge of Barbwire

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Content notes: ableist and sanist language, eugenics, suicide, medical neglect, suffering, abuse, violence, incarceration

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Disabled Immigrants: Living on the Edge of Barbwire

Qudsiya Naqui

I first became interested in the disabled immigrant experience through my work running legal services programs for unaccompanied immigrant children detained at the U.S. border from 2011-2018. My work often made me think of a poem by the great Mexican-American queer disabled writer, Gloria Anzaldua :

"1,950-mile-long open wound

dividing a pueblo, a culture,

running down the length of my body,

staking fence rods in my flesh,

splits me splits me

me raja me raja

this is my home

This is my edge of

The children I worked with who had physical, mental, and developmental disabilities faced innumerable obstacles -compounded by language barriers and well-meaning advocates who weren't always familiar with disability rights laws. I could never understand how a country that proclaims disability rights as civil rights couldn't manage to extend the protections of the most groundbreaking disability rights law to disabled immigrant children. It felt like the greatest hypocrisy.

As disability studies scholar, lawyer, and activist Katherine Perez has eloquently pointed out, at its core, the U.S. immigration system remains a project of eugenics that assigns value to bodies based on race and ability-it forces disabled immigrants onto their own edge of barbwire. The Americans with Disabilities Act (ADA) and its predecessor, Section 504 of the Rehabilitation Act of 1973, are powerful civil rights laws that could protect disabled immigrants, but they have largely been an unfunded mandate -federal, state, and local governments are required to comply with the law, but have not been given any money to do so. Without a major overhaul creating a strong ADA compliance mechanism in the immigration system, the only way for disabled immigrants to gain its protections has been through costly litigation. ADA enforcement needs to be baked into the immigration system-otherwise, we perpetuate a process rooted in eugenics, where ableism and racism rule.

Our immigration laws have always been firmly rooted in ableism. The first major immigration legislation, the Immigration Act of 1882, turned away people identified as, "lunatic, idiot, or any person unable to take care of himself or herself without becoming a public charge." Steeped in the rising capitalism that grew out of the Industrial Revolution, the public charge concept prevented immigrants whose bodies were deemed ill-suited for labor, production, and self-sufficiency from entering the U.S. Indeed, in 1907 the U.S. Commissioner General of Immigration stated in an official report that, "The exclusion from this country of the morally, mentally, and physically deficient is the principal object to be accomplished by the immigration laws."

This history has continued in the modern-day treatment of immigrants who face a labyrinthine immigration system that is not designed to consider the needs and concerns of disabled people and, at its very core, was built to exclude them. The public charge rule remains on the books-in fact, in 2019, the Trump administration published new regulations vastly expanding the public charge definition, thus excluding immigrants (especially disabled people) who receive any sort of government assistance from obtaining lawful status in this country. Though the Biden administration ended application of this rule on March 15, 2021, the concept of the public charge remains as a criteria for exclusion in our immigration laws. In addition to being targeted as unworthy of seeking permanence in America, disabled immigrants are routinely shut out of participation in the immigration process itself. They are denied accommodations like hearing aids in immigration court proceedings, and women in detention have undergone forced sterilization as recently as 2020. The immigration detention system has also exacerbated, and sometimes caused violence, medical neglect , trauma, and mental health disabilities. Between 2018 and 2020 , was the cause of at least a quarter of all deaths in Immigration and Customs Enforcement (ICE) custody. According to Roxana Moussavian , immigration lawyer and Co-Director of Pangea Legal Services in San Francisco, " immigration law today is just as exclusionary, as it was when the U.S. immigration system was initially developed."

As a result, disabled immigrants and their allies have battled in the courts to achieve small victories, including access to legal representation for people with mental health disabilities in immigration court and reasonable accommodations for disabled people in immigrant detention facilities , but these costly lawsuits have not achieved the comprehensive redesign or abolition of a policy framework that is inherently ableist and xenophobic. There is still a mountain left to climb.

It will take political will and cultural reimagining to unravel our racist and ableist immigration policies. This might start with abolishing the concept of the public charge, and instead focusing on how to provide disabled immigrants with the tools necessary to succeed in the United States-a key imperative of the ADA. It will require making the process of applying for immigration benefits more accommodating , with plain language forms and instructions; accessible application forms; and options to participate in virtual immigration interviews. It will take policy reform predicated on the belief that disabled immigrants, like the disabled Americans for which the ADA was created, are inherently valuable and deserving of the opportunity to participate in the immigration process on equal footing with their nondisabled peers. None of this is possible without financial investment and a meaningful commitment to dismantle systemic ableism that has for centuries defined who is deserving of the label "American."

And this action is urgent. Disabled immigrants languish in detention facilities without the access to community-based healthcare, medications, and other services they need, and are forced to navigate a court system that does not accommodate them so they can actively participate in their own defense. Federal funding and resources could ensure that accommodations are available at every step in the immigration process-from visa applications, to detention facilities, to the immigration courts. It could ensure that disabled immigrants have access to attorneys and other community-based disability rights advocates to support them in the process. It could establish training for immigration officials-border patrol agents, asylum officers, judges, prosecutors, detention facility staff, and others-engaging with disabled immigrants to ensure they have the knowledge they need to identify and recognize disabled immigrants ensnared in the system and enforce disability rights laws.

On the thirty-first anniversary of the ADA this year, an incredible amount of work remains in the disability community. Our immigration laws continue to perpetuate the project of eugenics, forcing disabled immigrants to live on an edge of barbwire. Changing the attitudes of racism and ableism that perpetuates this is as essential to bringing societal transformation as the law-the law alone cannot solve the problems of our immigration system. But the law is a powerful tool, and the ADA needs to go from an unfunded mandate to a funded priority when it comes to enforcing our immigration laws. In the absence of tangible resources to make real the protections of the ADA, the law is rendered toothless in the moments when it matters most-when life, death, family separation, and liberty are at stake.

ABOUT

Qudsiya Naqui is a blind attorney and disability justice activist based in Washington DC. Her work as a lawyer centers on access to justice-ensuring that all people, especially immigrants and other marginalized groups, are treated fairly in our legal system. She also hosts the podcast, Down to the Struts , about disability, design, and intersectionality. Her work has been featured in Forbes Magazine and . For more on immigration and disability, check out Season 2, Episode 1 of Down to the Struts, " Law, Policy, and Disabled Immigrants ," featuring guests Katherine Perez and Roxana Moussavian.
Support Disability Media and Culture DONATE to the Disability Visibility Project®

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Disabled Immigrants: Living on the Edge of Barbwire

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Disabled Immigrants: Living on the Edge of Barbwire Qudsiya Naqui Content notes: ableist and sanist language, eugenics, suicide, medical neglect, suffering, abuse, violence, incarceration I first became interested in the disabled immigrant experience through my work running legal services programs for unaccompanied immigrant children detained at the U.S. border from 2011-2018.

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Know Your Rights for Disabled Protestors Guide - DREDF

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Disability Rights Education & Defense Fund

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For over twenty five years, DRI has documented human rights violations of people with disabilities confined to institutions around the world. DRI has been especially focused on demonstrating that abuse in institutions can rise to the level of torture as defined by the United Nations Convention Against Torture.

In 1999, the United States Board of Immigrant Appeals determined that an individual with a disability could qualify as a member of a "particular social group" for the purposes of protection against deportation. These cases are fact-based and difficult, but may be worth pursuing if your client has a disability and fears being placed in an institution.

Disability Rights International has over 25 years of experience investigation and documenting conditions in institutions for people with disabilities. Our expertise can be valuable for immigration attorneys who are representing people with disabilities in removal proceedings.

Over the last 5 years, DRI has provided expert testimony and tailored declarations in over 100 cases for clients with disabilities across the United States. Our documentation from Mexico and Guatemala demonstrates that people with disabilities detained in institutions are likely to experience torture and other human rights violations.

Mexico

DRI staff have traveled to Mexico dozens of times since 1992 and visited more than one hundred residential institutions, psychiatric hospitals, nursing homes, social care facilities, and orphanages for people with disabilities. DRI has conducted extensive research and field work throughout Mexico regarding the lack of services available to people with disabilities in that country, as well as the abusive and torturous conditions in Mexico's institutional facilities on which most disabled Mexicans must rely in order to survive in that country. In DRI's 2010 report, "Abandoned and Disappeared: Mexico's Segregation and Abuse of Children and Adults with Disabilities," we documented that the Mexican government segregates thousands of people with disabilities from society by forcibly placing them in institutions. The primary reason for this is "Mexico's lack of community-based services to provide the support necessary for individuals with mental disabilities to live in the community."

Since the release of our report in 2010, DRI has made numerous return visits to Mexico and found that conditions in Mexico have not improved. DRI has continued to document widespread ill treatment and torture in institutions, including "physical restraints, cages and isolation rooms, chemical restraints and overmedication, lifetime segregation of people with disabilities, atrocious conditions of confinement, [and] forced sterilization."

DRI reports on Mexico:

Crimes Against Humanity: Decades of Violence and Abuse in Mexican Institutions for Children and Adults with Disabilities (2020)

No Justice: Torture, Trafficking, and Segregation in Mexico (2015)

Twice Violated: Abuse and Denial of Sexual and Reproductive Rights of Women with Psychosocial Disabilities in Mexico (2015)

The Rights of Persons with Mental Disabilities in the new Mexican Criminal Justice System (2013)

Abandoned and Disappeared: Mexico's Segregation and Abuse of Children and Adults with Disabilities (2010)

Find our reports on our website here.

Guatemala

DRI first staff observed conditions at Federico Mora in person by visiting the facility in August 2011, March 2012, August 2012, and September 2012. We have sent in teams to investigate

conditions at Federico Mora every year since that time. DRI's last visit to Federico Mora was in March of 2018. During visits to Federico Mora, DRI obtained dozens of first-hand accounts from current and former patients, psychiatrists, nurses, and other hospital staff.

DRI took immediate action by working with the Human Rights Office of the Archdiocese of Guatemala (ODHAG) to apply for precautionary measures with the Inter-American Commission on Human Rights. Filed on October 12, 2012, the Precautionary Measures Petition asked the Commission to order the Guatemalan government to protect the lives and personal integrity of people detained at Federico Mora, to halt new placements, and to plan for the transfer of current patients, among other things. The IACHR granted our Precautionary Measures Petition on November 20, 2012.

DRI reports on Guatemala:

Still in Harm's Way: International Voluntourism, Segregation, and Abuse of Children in Guatemala (2018)

International Aid Funds Institutionalization in Guatemala: Submission to the United Naitons Committee on the Rights of Persons with Disabilities (2017)

After the Fire: Survivors of Hogar Seguro de le Asuncion at risk (2017)

Guatemala: Precautionary Measures Petition to the Inter-American Commission on Human Rights (2012)

Find our reports on our website here.

Know your Rights
If you are facing deportation from the United States and you:

have a mental health diagnosis

a disability of any kind

lack support in the country where they may send you

may be locked up in a psychiatric hospital

or may be placed in any institution for your "care" or "protection"

you may have a right to stay in the United States.
In many countries, people who are placed in institutions or psychiatric hospitals do not receive proper care. They are tortured and locked up in dangerous conditions. Know your rights - click here for a description of your rights.

For more information on asylum law and your rights in detention and removal proceedings, see this document compiled for Disability Rights International by students in the Immigrant Justice Clinic at American University's Washington College of Law ( download here).

We recommend that you find an attorney to help you and advise you of your rights.

There are some organizations that may be able to help you find legal advice free of charge. See the following resources for information on finding legal advice:

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Asylum and Immigration | Disability Rights International

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For over twenty five years, DRI has documented human rights violations of people with disabilities confined to institutions around the world. DRI has been especially focused on demonstrating that abuse in institutions can rise to the level of torture as defined by the United Nations Convention Against Torture.

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Growing Up at the Intersection of Disabled and Immigrant (story)

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Growing Up at the Intersection of Disabled and Immigrant (story)

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Growing Up at the Intersection of Disabled and Immigrant

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I am an immigrant with a disability. When I was five years old my parents decided to move our whole family from Mexico including five kids, two of whom have a disability, to the United States. My m…

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How to Empower Immigrant Families of Students with Disabilities

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How to Empower Immigrant Families of Students with Disabilities

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How to Empower Immigrant Families of Students With Disabilities

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Schools can help immigrant parents and caregivers become familiar with the assessment process and resources available to meet students’ needs.

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Individuals with Disabilities in Immigration Court

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Individuals with Disabilities in Immigration Court

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Immigrants with Disabilities Face Barriers in Immigration Court

Immigrants with disabilities face many barriers as they navigate deportation proceedings in U.S. immigration courts, where they must gather and submit evidence, testify, and present their case, often without a lawyer. These proceedings are adversarial, confusing, and terrifying for many immigrants, particularly people facing deportation to persecution or torture. As detailed in this report, the barriers that disabled immigrants face are exacerbated by a lack of resources and information about immigrants' rights under disability law in immigration court proceedings, absence of an established protocol for exercising those rights, denials of reasonable accommodations and safeguards to meaningfully participate in their proceedings, the use of detention to jail people during their immigration court cases, and disability discrimination in immigration court, including bias, stigma, and hostility from immigration judges. These barriers and harms violate federal disability law, Constitutional due process protections, and immigration law.

Federal laws and regulations, including the Rehabilitation Act and Department of Justice (DOJ) and Department of Homeland Security (DHS) agency regulations, prohibit disability discrimination. Under the Rehabilitation Act and its implementing regulations, immigrants with disabilities are entitled to reasonable accommodations in immigration court proceedings. Case law binding on immigration courts separately requires judges to evaluate and provide safeguards to immigrants who are unable to participate in their proceedings due to mental disabilities. However, the Executive Office for Immigration Review (EOIR), the agency that oversees immigration court, does not have a comprehensive disability policy, process for requesting accommodations, or publicly identifiable EOIR staff who are available for disability-related questions and concerns.

Failures by immigration courts to comply with disability law and provide adequate accommodations underscore the urgent need for EOIR to develop public guidance on disability access and accommodations. President Biden issued a series of Executive Orders in January 2021 and February 2023, requiring federal agencies to take steps to advance equity, including for people with disabilities. Both Executive Orders instruct the head of each agency to identify potential barriers that underserved communities, including people with disabilities, may face in accessing agency programs, and to produce a plan to address those barriers. DOJ's 2022-2026 Strategic Plan identifies equal access to justice as a goal, and states that the Department will "strive to remove obstacles that prevent meaningful access to counsel and courts for members of underserved communities." These mandates provide EOIR with an important opportunity to develop necessary, and long overdue, disability access policy.

EOIR should, in consultation with disability rights and immigration rights stakeholders, develop comprehensive disability nondiscrimination and access policies, including by creating a simplified reasonable accommodation request and review process, appointing disability access coordinators, and instituting regular immigration judge training on disability law, nondiscrimination, and specific disability categories. Human Rights First's full recommendations are included below in this report's recommendations section.

This report is based on research conducted by Human Rights First between September 2022 and April 2023, including 49 interviews with attorneys, advocates, and people seeking asylum, and information on 123 immigrants with disabilities in Arizona, California, Colorado, Florida, Illinois, Louisiana, Maryland, Massachusetts, New Jersey, New York, North Carolina, Texas, Vermont, Washington D.C., and Virginia who underwent immigration court proceedings, data on complaints submitted to the DHS Office for Civil Rights and Civil Liberties (CRCL) received through a Freedom of Information Act (FOIA) request by Human Rights First, other publicly available government statistics, civil rights violations complaints, published investigations by other human rights organizations, and media reports.
Key Findings

Though federal law and regulations prohibit disability discrimination in immigration court proceedings and require reasonable accommodations for immigrants with disabilities, there are no public EOIR policy documents, directives, training materials, or instructions for requesting disability accommodations, or other documents on disability access in immigration court proceedings. Lack of EOIR guidance on disability access has contributed to non-compliance with federal law and regulations guaranteeing disability access, depriving people with disabilities of a meaningful opportunity to participate in their immigration court proceedings.

d/Deaf and hard of hearing immigrants have been prevented from communicating effectively in immigration court or understanding their proceedings due to immigration judges' lack of basic understanding of how being deaf impacts a person's ability to communicate, failure to grant accommodations, deficient interpretation, failure by Immigration and Customs Enforcement (ICE) to provide access to communication services for detained d/Deaf and hard of hearing people, and egregious medical and mental health neglect in ICE jails. Immigrants impacted by these rights violations include a young d/Deaf man denied communication accommodations because the judge stated he "had been able to speak" in a hearing ten years prior without addressing the man's ability to hear or the fact that the man had gradually become deaf due to brain tumors he developed the same year as his prior hearing; a d/Deaf Salvadoran asylum seeker who could not understand what was happening in court because the judge disregarded his, his attorney's, and a deaf education expert's objections that the court's Salvadoran Sign Language interpreter did not sign competently; and a detained d/Deaf man who could not understand the sign language interpreter who was signing through video-teleconferencing on a small screen far from the man, with poor connection quality, but was forced to proceed even after the interpreter raised these issues to the court.

Blind and low vision people face barriers and discrimination throughout the immigration court process, including inability to read written EOIR communications, difficulty arranging transportation to hearings, challenges navigating the courthouse, lack of EOIR resources on how to request accommodations for blind or low vision immigrants, and ICE's failure to provide basic vision services to blind and low vision immigrants in detention, such as prescription glasses, which has prevented immigrants in detention from being able to see who is speaking to them in court or read and complete applications for relief.

EOIR has failed to provide accommodations for some immigrants with physical disabilities, such as by ensuring that all immigration courts are physically accessible or providing free transportation to hearings where free transportation programs for people with disabilities are not available. Lack of appropriate accommodations stigmatizes people with disabilities and compounds the difficulty and stress of preparing for and attending a hearing. Immigration court failures to inquire into competency issues and provide appropriate accommodations harms people with physical disabilities. One man with cerebral palsy, a condition which affects his ability to speak, endured a hearing where the judge made no inquiries into his disability. The man did not receive assistance until a legal organization intervened. Horrific medical neglect and discriminatory use of solitary confinement (sometimes referred to as "administrative segregation" or "disciplinary segregation") in ICE detention against immigrants with physical disabilities further deprives them of a fair opportunity to present their case.

Immigrants with cognitive, neurological, and mental health disabilities have been denied accommodations and safeguards, with some found not credible and denied protection due to failures by immigration judges to recognize the impacts of disabilities on memory and testimony or to take into account medical records submitted to the court. These include a Venezuelan asylum seeker denied asylum in part due to inconsistencies that were related to memory issues arising from his traumatic brain injury (TBI) and an asylum seeker living with brain cancer that caused cognitive and memory issues who was found not credible due to an inability to recall certain dates, times, and the precise order of events in her claim.

Failure by judges to recognize the impact of TBIs and other trauma-related disabilities such as post-traumatic stress disorder (PTSD) inflicts severe trauma and harm on people seeking asylum who are denied safeguards and forced to testify about their persecution. A judge denied a request to hold a competency hearing and institute safeguards for a Cuban asylum seeker who suffers seizures when talking about past trauma, including being raped due to her political opinion. In another instance, an asylum seeker from the Central African Republic who was imprisoned and beaten on the head repeatedly for months in his home country, causing a TBI, was forced to testify despite a recommendation from a psychologist at the ICE detention center where he was jailed to waive testimony. This caused severe trauma and head pain throughout the four-hour hearing, during which the asylum seeker pressed and rubbed his temples repeatedly.

Immigrants with mental health disabilities face bias, stigma, and discrimination in immigration court. Judges have used disparaging language in cases involving people with mental disabilities, including referring to an asylum seeker's mind as "Swiss cheese" before ordering her deported and accusing another immigrant experiencing delusions and partial seizures of "faking it," claiming that his attorney may be "making a mountain of a molehill." Immigration judge bias toward people with mental health disabilities endangers human lives and underscores the urgent need for training regarding identifying mental illness, communicating with people with mental health disabilities, and understanding how mental health disabilities may impact a person's ability to present their case.

Though immigration law and Board of Immigration Appeals (BIA) case law requires immigration judges to assess a person's "competency" to participate in proceedings in any case where there is an indication that the immigrant might not be competent to proceed and further mandates that judges provide safeguards to enable them to participate in their proceedings, immigration judges have failed to hold meaningful competency hearings and provide adequate safeguards for people with mental disabilities. In some instances, judges have held truncated competency hearings or refused to hold competency hearings altogether, denying immigrants and their attorneys an opportunity to demonstrate the need for safeguards. Judges have also disregarded expert evidence such as psychological evaluations and relied on their own non-expert impressions to deny critical safeguards, including in a case where a judge ignored the recommendation of a detention center psychologist.

People in immigration detention, including those with mental health disabilities, experience additional trauma, isolation, worsening of their disabilities, medical and mental health neglect, solitary confinement, and challenges communicating with their attorneys, all of which prevent them from preparing and presenting their case to the immigration court. These include a 17-year-old unaccompanied child from Honduras with PTSD, major depressive disorder, and a history of suicide attempts who was detained in a rural area of Virginia, exacerbating his mental health disabilities and his sense of isolation from his community and support systems; an asylum seeker with PTSD, depression, anxiety, and auditory hallucinations who struggled to share his story with the court during his detained immigration hearing because ICE had failed to provide him with his psychiatric medications and was denied protection; and an asylum seeker from Venezuela who was forced to appear for his final asylum hearing eight days into his stay in solitary and was denied asylum.

Read the full report.

Seeking asylum?

If you do not already have legal representation, cannot afford an attorney, and need help with a claim for asylum or other protection-based form of immigration status, we can help.

Human Rights First is a nonpartisan, 501(c)(3). We do not favor or oppose any candidate for public office.

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Immigrants with Disabilities Face Barriers in Immigration Court DOWNLOAD Immigrants with disabilities face many barriers as they navigate deportation proceedings in U.S. immigration courts, where they must gather and submit evidence, testify, and present their case, often without a lawyer. These proceedings are adversarial, confusing, and terrifying for many immigrants, particularly people facing deportation to [...]

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Mental Health Resources for Undocumented People

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Mental Health Resources for Undocumented People

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California Municipalities Rapid Response Protocol Links

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California Municipalities Rapid Response Protocol Links

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Defend Immigrant Communities - California Immigrant Policy Center

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Fighting for civil rights and empowering Asian Americans to create a more just America for all.

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We use legal advocacy to influence key civil rights issues that have significant impact on Asian Americans, Pacific Islanders, and immigrant communities. Support our litigation campaign.

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Asian Americans Advancing Justice - AAJC: Home

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We use legal advocacy to influence key civil rights issues that have significant impact on Asian Americans, Pacific Islanders, and immigrant communities. Support our litigation campaign.

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Multilingual brochures and publications about discrimination.

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10 Strategies for How Schools Should Respond to Help Children Impacted by ICE Raids (Infographic)

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10 Strategies for How Schools Should Respond to Help Children Impacted by ICE Raids (Infographic)

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Coalition for Immigrant Mental Health LGBTQIA Resources

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Coalition for Immigrant Mental Health LGBTQIA Resources

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LGBTQIA+ Resources — The Coalition for Immigrant Mental Health

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Online therapy has many benefits for members of the LGBTQ+ community. If you live in a rural area or just can’t find a therapist who understands the challenges facing LGBTQ+ individuals, online therapy makes it easier to access mental health care. Online therapy also allows you to engage in therapy on your terms. Maybe you don’t want to drive to an office and talk with a therapist face-to-face; with online therapy, you don’t have to. You can engage in therapy sessions via video or text, ensuring you’re as comfortable as possible.

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Animated videos about immigration rights

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Animated videos about immigration rights

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Topical lists with the best available ASD tools on a variety of topics, based on evidence-based practice.

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CDE Letter: Support for English Learner, Immigrant and Migratory Students

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CDE Letter: Support for English Learner, Immigrant and Migratory Students

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Letter-MSD Support for EL IMM and MIG Students

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Includes:

Basics of Catholic Social Teaching and Migration

Quotes from Pope Francis on Immigration

Modern Catholic Social Teaching on Immigration: Notable Quotes

Papal Messages for the World Day of Migrants and Refugees

Praying the Rosary with Our Lady of Guadalupe and Tales of Immigrants - The Luminous Mysteries

Prayer for Migrants

Cabrini Prayer Card

A Prayer for New Citizens

A Prayer for New Citizens

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Catholic Social Teaching | Catholic Legal Immigration Network, Inc. (CLINIC)

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Catholic Social Teaching (CST) CLINIC reflects the Church’s own tradition of exile, flight and migration. Catholic social teaching identifies the Holy Family, in their flight to Egypt, as the “archetype of every refugee family.” Jesus identified with newcomers (“I was a stranger and you welcomed me”), so that in the Catholic tradition, newcomers “image” God. It identifies the Church itself as a “pilgrim” Church. Catholic teaching views migration not as a divisive phenomenon, but as an occasion to build the human family. It recognizes a range of human rights for newcomers, based on their God-given dignity that extends far beyond those recognized by individual nations or international bodies. Finally, it teaches that civil authority draws its legitimacy from protecting and defending human rights and the “common good of the entire human family.” In this context, service to newcomers constitutes an obligation to persons of faith, not an option. Catholic social teaching’s emphasis on the rights and dignity of all persons explains, in part, why CLINIC and its diocesan partners represent needy newcomers from all countries, religions, social groups, creeds, and ethnic backgrounds. CLINIC and its partners serve non-Catholics precisely because of their Catholic identity. CLINIC constitutes one expression of the Catholic Church’s commitment to welcome and defend newcomers in the United States. CLINIC draws upon a rich tradition of Scripture and Catholic social teaching, which serve as the foundation for its Guiding Principles. Basics of Catholic Social Teaching and Migration Quotes from Pope Francis on Immigration Modern Catholic Social Teaching on Immigration: Notable Quotes Papal Messages for the World Day of Migrants and Refugees Praying the Rosary with Our Lady of Guadalupe and Tales of Immigrants - The Luminous Mysteries Prayer for Migrants Cabrini Prayer Card A Prayer for New Citizens

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Accessibility as a Tool for Social Story Telling

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Accessibility as a Tool for Social Story Telling

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Downloadable versions of the presentation “Accessibility as a Foundational Tool for Social Storytelling”. All of the videos included in the presentation are in a playlist in this post. Transcripts of each video can also be found here, as well as in the first comment on the corresponding YouTube pages

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Accessibility as a Tool for Social Storytelling originally presented at Netroots.

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Disabled Immigrants Face Compounding Barriers to Education and Employment (Report)

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Disabled Immigrants Face Compounding Barriers to Education and Employment (Report)

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Disabled Immigrants Face Compounding Barriers to Education and Employment

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Detention of Immigrant Children with Disabilities in CA (report)

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Detention of Immigrant Children with Disabilities in CA (report)

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The Detention of Immigrant Children with Disabilities in California: A Snapshot | Disability Rights California

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The number of unaccompanied immigrant children in United States custody is at an all-time high, surpassing 14,000 as of November 2018. These children are placed into the custody of the Department of Health and Human Services.

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Education Rights of Immigrant Children with Disabilities in Public Schools

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Education Rights of Immigrant Children with Disabilities in Public Schools

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The Rise school at the University of Alabama maintains a 50:50 ratio of children with and without special needs, creating the optimum learning culture for all young children. Photo by Carol M. Highsmith. See The Rise School for more information.

A group of elementary school children, some with and some without disabilities, sit in a circle as their teacher speaks to them.
By DREDF (Disability Rights Education and Defense Fund)
Currently, there is a great deal of public discussion and debate around immigration. However, the legal right of an education to children residing in the U.S. is clear. In 1982, the U.S. Supreme Court determined in the Plyler v. Doe decision that an undocumented school-aged child is entitled to the same free public education made available to other residents of the same school district, regardless of their immigration status. The Court determined that equal access to education is too important to deny, delay or defer. Education includes, for eligible students, special education; other supplemental educational programs for poor, English-learners, foster children, and immigrant students; and free school meals. Congress has deemed all of these programs necessary components of public education.

All publicly funded schools in the U.S must meet "Child Find" requirements, which means that schools and districts must actively look for ways to identify and refer children with disabilities for evaluation and support under important education and civil rights laws. There are many reasons why a child immigrating to the U.S., whatever the circumstances, may need evaluation for special education eligibility or protection under Section 504.

For example, many children arriving in the U.S. have witnessed or experienced extreme violence and trauma, which can cause difficulties with development, learning, attention, self-regulation, and behavior. Others may have fled their home countries because of a lack of care or inclusion for children with disabilities, and are seeking care, treatment, and opportunities in the U.S.

Others may have experienced detention in facilities without adequate care or education access, and have been separated from their parents before being placed with family or in their new community. Research of detained immigrants by the American Academy of Pediatrics found that children and parents may suffer negative physical and emotional symptoms from detention, including anxiety, depression and posttraumatic stress disorder when they are separated and/or subjected to detention.

For students with disabilities or suspected disabilities, access to evaluation and if eligible, support and services under the IDEA (Individuals with Disabilities Education Act) and/or Section 504 of the Rehabilitation Act of 1973 are a key components of how "access" to education is defined and provided in the U.S. Immigration status does not change this fundamental right to an education for a child living in the U.S., no matter how they arrived. Yet the reality remains that the barriers these students and their caregivers occasionally face can be daunting.

Although the evidence is well-established and undeniable that early intervention and access to services is essential to a child's long-term educational success, many children in detention have no access to education at all, including to the evaluation, eligibility and services required by law for all children residing here.

A recent report by Disability Rights California (DRC) found that appropriate and necessary special education services were not provided to detained children unless a child was sent to the most restrictive detention centers, despite the fact that many children in less restrictive settings are in detention for six months or more. The Child Find duty triggers important timelines far shorter than this, and children who are missed may be sent to family, into foster care or other settings without having been identified as a child with a disability with a plan for service and support in place. Such delays may have lifelong negative impacts, regardless of the outcome of any immigration proceedings.

Whether or not they are detained, immigrant children and families may also be harmed by cultural and language barriers, poverty, insecure housing/homelessness, parents who are afraid of accessing public benefits because it might jeopardize their immigration or asylum claims/status or inadequate access to healthcare that can result in educational difficulties.

Schools may create barriers when they fail to refer and evaluate a newly arrived and/or struggling student for special education or 504 eligibility or seek other academic and social/emotional supports such as counseling, tutoring, or a behavioral support because a child "needs time to adjust or learn English." Sometimes delays happen because it is assumed that the caregiver may not be supporting the child at home, or a belief that the child may not be in the school for long enough to evaluate. An educator may believe that once students learn English they will catch up to their nonimmigrant peers, yet fail to see that language learning is delayed by an underlying disability. Until a disability is identified and support/remediation provided, the child may struggle to acquire English or to benefit from their education.

It is important for families to understand that there are many important protections that may apply to these situations. For example:

The Family Education Rights Privacy Act (FERPA) limits the information that schools can share with immigration enforcement unless a judicial warrant is issued. It also allows parents/caregivers to opt out of school directories and limit what information is shared with any outside agency with limited exceptions.

Schools are considered protected zones by Immigration Enforcement at this time. Students should not be approached or interviewed by Immigration at school at any time.

A child does NOT have to be residing with their parent in order to enroll in a school district where they live.

Many children are protected under the McKinney Vento Homeless Education Act, because of the insecurity of their housing situation. Others may be protected under rights afforded to children in foster care.

Families have a right to language interpreters in school meetings, and to ask that an IEP be translated for them so that they can understand what they are agreeing to. An IEP will follow the student to any other school, district or state/territory and a process exists to assure continuity of services. Caregivers with disabilities have the right to request reasonable accommodations in order to participate in school activities, including IEP and 504 meetings.

Regardless of the type of health insurance (or lack of it) a person or family may have, if a service or support is necessary for a student with an IEP to access or benefit from their education as determined by the IEP team, the public school cannot require that a family use their insurance, including Medicaid, to pay for these. If an IEP team determines that a support or service is required to provide a student with a FAPE (free appropriate public education), it must be provided regardless of funding source.

Although this is a complex area of law, it is important to understand that for children with disabilities, early intervention, special education and nondiscriminatory access to education are essential elements of our national policy, and apply to all children living here.

Families and students need to know what their rights are in order to use them. For this reason, we have included a number of related key resources this month.

We encourage families, caregivers, educators and community-based organizations to review/use these to learn more about this issue. Every state and territory in the U.S. also has at least one Parent Center that can provide information, training and support in navigating the education system when a child has a disability, and can put you in touch with local agencies and community based support in your area.

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Education Rights of Immigrant Children with Disabilities in Public Schools - Alliance for Girls

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The Rise school at the University of Alabama maintains a 50:50 ratio of children with and without special needs, creating the optimum learning culture for all young children. Photo by Carol M. Highsmith. See The Rise School for more information. A group of elementary school children, some

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MALDEF Leadership Programs and Law School Scholarships

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MALDEF Leadership Programs and Law School Scholarships

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MALDEF provides leadership programs and law school scholarships to help the Latino community thrive.

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MALDEF supports law students who seek to further MALDEF’s mission of advancing the civil rights of the Latino community in the United States. In recent years MALDEF has awarded five to 15 scholarships of $2,000 to $10,00 each to deserving law students from throughout the nation.

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ARC is asking for public support to avoid public charge changes.

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Act Now to Support Immigrants with Disabilities!

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The public charge rule is used to prevent people from coming into the United States for work, to live, or to visit if the government thinks they might

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Los Angeles County Homeless Services Guide for Service Providers 

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Los Angeles County Homeless Services Guide for Service Providers 

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How to Volunteer to Help Immigrant Children Separated from Family

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How to Volunteer to Help Immigrant Children Separated from Family

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Social workers eager to help immigrants who have been separated from their children have a wealth of resources at their disposal.

The truth is one of them.

National Association of Social Workers (NASW) Board Member Guadalupe G. Lara, LMSW, an expert on social work and immigration, is encouraging social workers to advocate for these children and "to speak to some of the facts because there's a lot of misinformation on the other side."

President Donald Trump and his administration say U.S. laws and court rulings have forced them to separate families caught trying to enter the U.S. southern border, but those claims are false.

The separations are happening because in April the Trump administration started prosecuting all adults who crossed the border-even those seeking asylum; even those with children.

As a result, thousands of immigrant children have been separated from their parents.

Trump can simply direct his administration to stop imposing these separations.
"A "zero tolerance" immigration policy that would prosecute families who attempt to cross the border and forcibly separate children from parents is malicious and unconscionable and the National Association of Social Workers (NASW) will press lawmakers to rescind this egregious action." - NASW Statement
Serve as Translators, Conduct Health Assessments, Contact Congress

Bilingual social workers living near where immigrants are being kept can volunteer to help detained immigrants by serving as translators and providing mental health assessments for those organizations that are providing families pro bono or reduced cost legal assistance.

"If you're a licensed social worker or above you can do these assessments as part of the (immigrants') legal file," says NASW member Mark Lusk, EdD, MSW, LMSW, and member of the Human Rights Committee of .

Social workers should also contact their representatives in Congress to voice their disapproval and voice support for several bills being pushed to fight the zero-tolerance policy, the most widely-circulated being the Keep Families Together Act, introduced by Senator Dianne Feinstein (D-Calif.).

"Speak to elected officials, to our friends, peers and to the public and to the press. Just put out the word that a line has been passed and as people of conscience we have to say that we can't today separate families for a cause that does not advance America's national interest," Lusk said. "These immigrants do not constitute a threat to the U.S."
"The Trump administration's practice is in direct violation of our Code of Ethics. As social workers, we are guided by a set of ethical principles that are based on the profession's core values including service, social justice, dignity and worth of the person, and the importance of human relationships." - NASW New York State Chapter Statement
Other ways to help

First, download the 5 Calls App for a phone call script on the following issues:

Lara suggests social workers send their comments to the Department of Homeland Security , too, to register their complaints.

Then visit t he following organizations:

U.S. Committee for Refugees and Immigrants (USCRI) is national, non-profit, nonpartisan refugee resettlement and advocacy organization that has served and defended the rights of refugees, asylum seekers, and internally displaced persons. Based in Washington, D.C., it has six field offices including one in Albany, NY, and partners with local community-based agencies across the nation to help thousands of refugees build new lives in the U.S. each year.

Catholic Charities USA and the Catholic Charities of the Rio Grande Valley is offering shelter to those immigrants who have been released from U.S. Border Patrol custody.

The Vera Institute of Justice recently launched the Immigration Technical Assistance Center (ITAC), as a resource for all attorneys representing immigrants.

Other NASW Resources:

NASW Statement: Plan to separate undocumented immigrant children from their parents is malicious and unconscionable
Social Workers Can Help Children Being Separated from Parents at the U.S. Border (NASW North Carolina Chapter) NASW New York State Chapter Statement NASW Social Justice Brief: Unaccompanied Migrant Children: Overviews and Recommendations NASW Media Toolkit on Child Immigrant Crisis

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How to Volunteer to Help Immigrant Children Separated from Family

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Social workers eager to help immigrants who have been separated from their children have a wealth of resources at their disposal. The truth is one of them. National Association of Social Workers (NASW) Board Member Guadalupe G.

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ARC is soliciting public support against public charge changes.

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Act Now to Support Immigrants with Disabilities!

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The public charge rule is used to prevent people from coming into the United States for work, to live, or to visit if the government thinks they might

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The Coalition for Humane Immigrant Rights

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CHIRLA - The Coalition for Humane Immigrant Rights

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The Coalition for Humane Immigrant Rights (CHIRLA) was founded in 1986. CHIRLA is a California leader with national impact made of diverse immigrant families and individuals who act as agents of social change to achieve a world with freedom of mobility, full human rights, and true participatory democracy.

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Guidance on Immigration Issues for Educators

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Guidance on Immigration Issues for Educators

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We are an informal band of Christian leaders from cities across the United States who share a common passion for just and humane immigration reform and who seek company, wisdom, and practical assistance in local engagement and collective, national response. We have a Google group where we share prayer requests, network, update each other on local immigration initiatives/issues, and more.

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Immigration » Christian Community Development Association

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Many CCDA leaders (some of whom are immigrants) experience and witness firsthand the unnecessary hardships our immigrant neighbors face as a result of a broken immigration system. We recognize the churches and community-based program leaders within our association who remain committed to work alongside immigrants. We applaud and support the good justice work they are […]

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NASW - National Associacion of Social Workers

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The National Association of Social Workers (NASW) is deeply concerned about children who have migrated with or without their families from the Northern Triangle countries in Central America and are seeking asylum.
These children have been traumatized by the conditions in their countries, including gang violence. They have been further traumatized by having to flee their homes and, in many cases, being separated from their parents. Many also live with mental health issues, including post-traumatic stress disorder, anxiety and depression.

These vulnerable children's physical and emotional well-being are further jeopardized by ill-advised border enforcement policies. They are also experiencing harsh conditions while in confinement, including placement in extremely overcrowded Department of Health and Human Services (HHS) and Office of Refugee Resettlement (ORR) facilities and denial of access to beds, adequate nutrition and medical and mental health care. This treatment amounts to abuse and neglect of vulnerable children and, we believe, violates applicable law.

The inhumane treatment of these children offends the conscience of our profession. NASW is working on a number of fronts to address this humanitarian crisis, including meeting with key Congressional leaders and participating in numerous immigration-related coalitions. Social workers must continue to be on the front line in fighting to protect these children's welfare.

This toolkit includes ways you can make a difference today! It includes information on legislation to help migrants; a form letter that you can send to your state governor and state legislators to urge them to take action; NASW Social Justice Briefs, statements and research regarding immigration; and links to NASW partner organizations.

Federal Legislation

Congressional lawmakers have introduced numerous bills aimed at promoting the humane treatment of child migrants. We encourage you to reach out to your lawmakers now to express your support for them. Stay tuned for Action Alerts on these bills which will enable you to contact your lawmaker directly.

The bill is designed to comprehensively limit the separation of families at or near ports of entry Keep Families Together Act (H.R. 541 /S. 292 ): .

Stop Cruelty to Migrant Children Act (H.R. 3918 /S. 2113 ): This bill would end family separations at the southern border, strengthen health and safety protections for children and families, and provide additional guardrails and stronger standards to ensure that government funds are not used to traumatize or harm asylum seekers.

Family Reunification Act (H.R. 3312 ): This bill would amend the Immigration and Nationality Act to provide for an extension of the application period for certain undocumented individuals present in the United States for adjustment of status.

(U.S. Border Patrol Medical Screening Standards Act H.R. 3525 ): The bill would amend the Homeland Security Act of 2002 to direct the Commissioner of CBP to establish uniform processes for medical screening of individuals interdicted between ports of entry.

Strategic and Humane Southern Border Migrant Response Act (H.R. 3731 ): The bill is intended to respond to the Northern Triangle migrant surge at the southern border in a strategic and humane manner.

Take time to learn more about this legislation.

State Investigations

Based on widespread media coverage and other reports (see below), governors and state lawmakers in likely have the authority to order state oversight agencies to investigate the facilities. Social workers in these states are urged to contact their and state lawmakers to urge them to order these agencies, including CPS and facility licensing agencies, to take proactive steps to ensure the physical, emotional, and mental well-being of child migrants and to promptly follow up on reports of suspected child maltreatment at these facilities. We have prepared a states where HHS and ORR facilities are located sample letter that you can personalize for this purpose.

NASW Resources

This social justice brief discusses the root causes triggering migration from Central America, the humanitarian elements of the issue, and recommendations for a coordinated response.

The Trump Administration implemented a zero-tolerance policy that has had a devastating impact on the way immigrant families and children are processed at the border.

This episode of NASW Social Work Talks podcast discusses the crisis and politics around immigration in the United States, specifically related to the Trump administration's "zero-tolerance" policy and to children separated from their families at our southern border.

This Legal Issue of the Month article reviews recent legal policy as enacted by U.S. Congress, the state of Arizona and related interpretations of the law regarding immigrants' eligibility for public benefits, documentation and reporting requirements.

The sanctuary city movement has become inextricably tied to U.S. immigration policy. This brief looks at how the sanctuary city movement evolved.

Immigration laws can often affect child welfare case planning and service delivery. Social workers are in a position to
support immigrant children, youth and families in accessing immigration assistance and services to ensure their safety, permanency and well-being.

Social workers eager to help immigrants who have been separated from their children have a wealth of resources at their disposal. The truth is one of them.

Advice from Miriam Nisenbaum, MSW, LMSW, ACSW, executive director of the NASW Texas Chapter.

The purpose of the toolkit is to provide NASW chapters, members, and other entities with policy information and tools to promote the competency of social workers in the immigration field, to fight discrimination against immigrants, and to take social and political action in support of the rights of immigrants.

This NASW Press publication presents a collective vision of multiculturalism and calls for research and practice based on the knowledge that individuals cannot be readily identified by single cultural categories.

NASW members have unlimited access to more than 25 international databases with thousands of documents from leading research institutions, think tanks and advocacy groups.

NASW Public Statements

NASW has issued many public statements in response to policies and actions that have threatened the well-being of immigrants, especially child migrants. Several of our statements are listed below.

NASW Joins Amicus Brief Opposing Move to End Flores Settlement (Sept. 4, 2019)

NASW Condemns Trump Administration's Nationwide Removal Raids on Immigrant Families (July 15, 2019)

NASW Applauds U.S. Supreme Court Decision to Block 2020 Census Citizenship Question (July 3, 2019)

Trump Administration's proposed mass raids on migrant families misguided, harmful (June 24, 2019)

NASW takes issue with President Trump's Immigration Executive Order, demands more coherent, humane policy (June 22, 2018)

NASW says plan to separate undocumented immigrant children from their parents is malicious and unconscionable (May 30, 2018)

NASW opposes "citizenship question" on 2020 Census (April 5, 2018)

NASW opposes President Trump's Revocation of Temporary Protection Status (TPS) for Immigrants (January 19, 2018)

NASW says President Trump order to rescind DACA is cruel, unwise and unjustified (September 7, 2017)

NASW Coalition Partners

NASW recognizes the power of national interdisciplinary coalitions to protect human rights and social injustice. Therefore, we are engaged and valued participants and leaders in the nation's most influential immigration advocacy coalitions. These include:

The Immigration Hub

The Immigration Hub is a national organization of 100+ organizations dedicated to advancing fair and just immigration policies through strategic leadership, innovative communications strategies, legislative advocacy and collaborative partnerships.

Protecting Immigrant Families

The Protecting Immigrant Families (PIF) Campaign is dedicated to providing more community-facing materials on public charge to help better equip immigrants with what they need to know to make the best decision for themselves and for their families.

Leadership Conference on Civil and Human Rights Immigration Task Force

The Leadership Conference's founders came together in 1950 out of the belief that the fight for civil rights could not be won by one group alone but needed to be waged in coalition. Its membership has grown to more than 200 organizations today.

Meet the Experts

Guadelupe Lara, MSW, LMSW

Lara is director of the Consortium of Hispanic Agencies. She can give insight on the plight of immigrants and what social workers and others are doing on the front lines to help them.

Mark Lusk, EdD, MSW, LMSW

Lusk, a professor at the University of Texas at El Paso School of Social Work, has worked in the field to help child immigrants and can talk about the challenges social workers on the ground face. Lusk has been interviewed by Fox News and El Diario about his experiences.

Roxana Torrico Meruvia, MSW

Former NASW Senior Practice Associate Roxana Torrico Meruvia can comment on what the public can do to support immigrant families. Children living in immigrant households are the fastest growing child population in the United States.

Mel Wilson, MBA, LCSWC

Wilson is NASW Senior Policy Consultant on Social Justice. He can offer insight on what NASW and partner organizations are doing to address the issue of unaccompanied child immigrants.

Media Toolkits

Contacts

For more information on this issue contact NASW Senior Policy Consultant on Social Justice Mel Wilson at mwilson.nasw@socialworkers.org.

To arrange an interview with one of our experts, contact NASW Communications Director Greg Wright at gwright@naswdc.org.

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National Association of Social Workers (NASW)

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Founded in 1955, the National Association of Social Workers (NASW) is the largest membership organization of professional social workers in the world, with more than 120,000 members. NASW works to enhance the professional growth and development of its members, to create and maintain professional standards, and to advance sound social policies.

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The Paul & Daisy Soros Fellowships for New Americans provides merit-based funding for New Americans, immigrants and children of immigrants, who are poised to make significant contributions to US culture, society and academia

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Paul & Daisy Soros Fellowships for New Americans

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Home – Paul & Daisy Soros Fellowships for New Americans

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The Paul & Daisy Soros Fellowships for New Americans provides merit-based funding for New Americans, immigrants and children of immigrants, who are poised

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The LGBT Asylum Project is the only San Francisco nonprofit organization exclusively dedicated to providing accessible legal representation for LGBT asylum seekers who are fleeing persecution due to their sexual orientation, gender identity and/or HIV status

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The LGBT Asylum Project is the only San Francisco nonprofit organization exclusively dedicated to providing accessible legal representation for LGBT asylum seekers who are fleeing persecution due to their sexual orientation, gender identity and/or HIV status.
Our clients are low to no-income, and arrive in the United States with horrendous histories of imprisonment, bodily harm, torture, and psychological trauma.
These atrocities are inflicted on them by their own governments, countrymen, and, worst of all, friends and families.
They have committed no crime, yet cannot live freely in their own countries due to their sexual orientation or gender identity.
Many have faced excruciating challenges to escape their home countries and travel to the United States.
They come to San Francisco as it is known internationally as a refuge for the LGBTQ+ community.
They come to the Castro District to find a sanctuary, a place where they can be safe, secure, healthy, and productive.
This is where they find The LGBT Asylum Project.
Our sign, hanging clearly in the heart of the Castro, is a beacon of hope that means the possibility of remaining here permanently and receiving understanding, caring, and professional assistance to do so.

We work directly with clients and ensure that they receive the most suitable and appropriate services based on each case. Our clients originate from all over the world, from countries including but not limited to Algeria, Bahrain, Brazil, Burma, China, Colombia, Egypt, El Salvador, Honduras, Hong Kong, India, Iraq, Jordan, Kenya, Lebanon, Libya, Mexico, Mongolia, Nigeria, Peru, Russia, Saudi Arabia, Serbia, South Korea, Turkey, Uganda, Ukraine, Venezuela, Vietnam, which are known for extreme and violent persecution of LGBT communities. Without our timely assistance, vulnerable individuals will potentially be deported to face persecution, imprisonment, and even death in their home countries.

The LGBT Asylum Project provides support to immigrants in the San Francisco Asylum Office jurisdiction (from Bakersfield, CA to Seattle, WA), who identify as LGBTQ+, and have been persecuted or have fears of future persecution if they return to their home country.
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The LGBT Asylum Project does not discriminate on the basis of race, color, creed, age, sex, national origin, ancestry, disability, sexual orientation, gender identity, genetic characteristics, religion, marital status, domestic partner status, dependent status, Vietnam Era veterans status or disabled veterans status, or any other legally-protected characteristic.

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The LGBT Asylum Project is the only San Francisco nonprofit organization exclusively dedicated to providing accessible legal representation for LGBT asylum seekers who are fleeing persecution due to their sexual orientation, gender identity and/or HIV status.

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Conoce tus derechos: una guía para inmigrantes - United We Dream

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Conoce tus derechos: una guía para inmigrantes - United We Dream

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Puede que la migra no respete nuestros derechos, pero no pueden quitarnos nuestro PODER. Utilice estos recursos para conocer sus derechos y expresarlos en caso de que tenga un encuentro con un funcionario de inmigración.

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Conoce tus derechos: una guía para inmigrantes - United We Dream

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A guide for immigrants to learn about their rights and express them in case you have an encounter with an immigration official.

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Responding to Enforcement Actions toolkits for providers, families and all stakeholders

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FINAL_CTAN Toolkit Responding to Enforcement Actions

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Know Your Rights for Disabled Protestors Guide - DREDF

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Disability Rights Education & Defense Fund

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For UndocuLeaders Participating in Protest

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As you get ready to attend, remember the core goal of this moment is to demand justice for the Black lives lost through police brutality.

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EL Family Toolkit Tip Sheets | NCELA - English Language Acquisition & Language Instruction Educational Programs

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English Learner Family Toolkit (Chinese)

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English Learner Family Toolkit (Chinese)

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The Advocate Resource Center connects the advocate community to trainings and materials from national experts. Browse our materials, sign up for alerts, and join fellow immigrant allies and advocates.

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immigration advocates immigrants law policy

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Immigration Advocates Network is a free national online network that supports legal advocates working on behalf of immigrants' rights.

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English Learner Family Toolkit (English)

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English Learner Family Toolkit (English)

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English reference for Arabic, Chinese and Spanish versions of this resource.

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English Learner Family Toolkit (Spanish)

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English Learner Family Toolkit (Spanish)

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How Educators Can Support Immigrant Students

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How Educators Can Support Immigrant Students

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How Educators Can Support Immigrant Students - IDRA

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Public schools, by law, must serve all children. The education of undocumented students is guaranteed by the Plyler v. Doe ... read more

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Need to find something quickly?
Use the search bar:

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Immigrant Emergency Family Preparedness Plan Toolkit

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Immigrant Emergency Family Preparedness Plan Toolkit

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Immigration Preparedness Toolkit | Immigrant Legal Resource Center | ILRC

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The ILRC’s Immigration Preparedness Toolkit is a resource-packed informational document designed to help immigrants with no legal status or in mixed status families begin to understand the immigration legal landscape and plan for their own journey through an ever-changing, complex system in the United States.

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Primary Care Providers Immigration Resources Toolkit

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Primary Care Providers Immigration Resources Toolkit

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Health and safety are basic human rights. Undocumented Californians also have the legal right to use public services to protect all health and safety. In our current political climate, immigrant patients and communities have expressed fears in accessing daily activities for fear of deportation for themselves or a family member. Community health centers (CHCs) continue to serve as active advocates for their patients’ healthcare rights. The following resources can help CHCs create a safe environment for their immigrant patients and staff.

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Religious workers worldwide are called to the United States every year to fulfill their faith's mission, but the complexity and ever-changing landscape of U.S. immigration law can make the journey difficult without guidance. This is where Religious Immigration Services can help.

Established in 1988 as part of the Catholic Legal Immigration Network, Inc., Religious Immigration Services is one of the few groups in the United States specializing in religious immigration law. These experienced legal professionals work closely with religious organizations who wish to bring a religious worker to the United States.

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Religious Immigration Services | Catholic Legal Immigration Network, Inc. (CLINIC)

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About Religious Immigration Services Religious workers from all over the world are called to the United States every year to fulfill their faith’s mission, but the complexity and ever changing landscape of U.S. immigration law can make the journey difficult without guidance. This is where Religious Immigration Services can help.

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This app will read ICE agents a prepared statement that you are exercising your rights in your choice of multiple languages.

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This is an extremely critical app to download onto family members phones if they are at risk of getting held up by ICE. I implore all who read this to think of your family members who could undergo racial profiling, and have a language barrier due to their English skills. Stay safe everyone!

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‎Empower yourself with Know Your Rights 4 Immigrants app. Use this app to prepare, learn and respond if you are at risk of being detained by deportation agents.

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Latino Rebels

MigraMap

Crowdsourced map pin pointing ICE raids and activity across the country.

There is a section for submitting information about raids to be added to the map

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Mass Deportation: Devastating Costs to America, Its Budget and Economy

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The mass deportation of millions of undocumented individuals would be tremendously expensive and would have a catastrophic impact on our economy—one that would be expansive and impact every American. The American Immigration Council analyzes the fiscal costs and economic impacts of such a mass deportation operation.

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Aliento works to transform trauma, fear, and anxiety into hope and action. As mass deportations are being discussed on the news, we want to provide our community with the tools to process our emotions, prepare to protect ourselves, and take action. Aliento has compiled this plan to gather all information that could be needed in the event of detention or removal proceedings. As you review this document, please remember that you are not alone, and we are here for you.

This document is not intended to be legal advice. Instead, we encourage you to fill out this plan, gather all pertinent documents, and bring it to a trusted lawyer for a full consultation to explore all your options.

Aliento trabaja para transformar trauma, miedo y ansiedad en esperanza y acción. Mientras las deportaciones masivas se mencionan en las noticias, queremos brindarle a nuestra comunidad las herramientas para procesar sus emociones, prepararnos para protegernos y tomar acción.

Aliento ha creado este plan para reunir toda la información que podría ser necesaria en caso de detención o deportación. Al revisar este documento, recuerde que no está solo y que estamos aquí para ayudarlo.

Este documento no pretende ser un consejo legal. En cambio, lo alentamos a que complete este plan, reúna todos los documentos mencionados y lo lleve a un abogado de confianza para una consulta completa para explorar todas sus opciones.

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Aliento works to transform trauma, fear, and anxiety into hope and action. As mass deportations are being discussed on the news, we want to provide our community with the tools to process our emotions, prepare to protect ourselves, and take action. Aliento has compiled this plan to gather all information that could be needed in the event of detention or removal proceedings. As you review this document, please remember that you are not alone, and we are here for you.

This document is not intended to be legal advice. Instead, we encourage you to fill out this plan, gather all pertinent documents, and bring it to a trusted lawyer for a full consultation to explore all your options.

Aliento trabaja para transformar trauma, miedo y ansiedad en esperanza y acción. Mientras las deportaciones masivas se mencionan en las noticias, queremos brindarle a nuestra comunidad las herramientas para procesar sus emociones, prepararnos para protegernos y tomar acción.

Aliento ha creado este plan para reunir toda la información que podría ser necesaria en caso de detención o deportación. Al revisar este documento, recuerde que no está solo y que estamos aquí para ayudarlo.

Este documento no pretende ser un consejo legal. En cambio, lo alentamos a que complete este plan, reúna todos los documentos mencionados y lo lleve a un abogado de confianza para una consulta completa para explorar todas sus opciones.

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Aliento works to transform trauma, fear, and anxiety into hope and action. As mass deportations are being discussed on the news, we want to provide our community with the tools to process our emotions, prepare to protect ourselves, and take action. Aliento has compiled this plan to gather all information that could be needed in the event of detention or removal proceedings. As you review this document, please remember that you are not alone, and we are here for you.

** This document is not intended to be legal advice. Instead, we encourage you to fill out this plan, gather all pertinent documents, and bring it to a trusted lawyer for a full consultation to explore all your options. **

Aliento trabaja para transformar trauma, miedo y ansiedad en esperanza y acción. Mientras las deportaciones masivas se mencionan en las noticias, queremos brindarle a nuestra comunidad las herramientas para procesar sus emociones, prepararnos para protegernos y tomar acción.

Aliento ha creado este plan para reunir toda la información que podría ser necesaria en caso de detención o deportación. Al revisar este documento, recuerde que no está solo y que estamos aquí para ayudarlo.
**Este documento no pretende ser un consejo legal. En cambio, lo alentamos a que complete este plan, reúna todos los documentos mencionados y lo lleve a un abogado de confianza para una consulta completa para explorar todas sus opciones. **

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Aliento works to transform trauma, fear, and anxiety into hope and action. As mass deportations are being discussed on the news, we want to provide our community with the tools to process our emotions, prepare to protect ourselves, and take action.

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State of California - Department of Justice - Office of the Attorney General

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Attorney General Bonta Reminds California Immigrants of Their Rights and Protections Under the Law

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Hosts first of a series of regional convenings with immigrant rights groups, elected officials, and others ahead of Inauguration Day LOS ANGELES – California Attorney General Rob Bonta today issued two guidances to help California immigrants better understand their rights and protections under the law and avoid immigration scams by those seeking to take advantage of fear and uncertainty resulting from the President-elect’s inhumane threats of mass detention, arrests, and deportation.

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Immigration resource guide | California Courts | Self Help Guide

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Includes contact information for Rapid Response Network agencies.

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Defend Immigrant Communities - California Immigrant Policy Center

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Catholic Legal Immigration Network , Inc. (CLINIC)

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Catholic Legal Immigration Network , Inc. (CLINIC)

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Provides legal immigration services, publications, and technical assistance to promote refugee citizenship and civic participation.

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Homepage | Catholic Legal Immigration Network, Inc. (CLINIC)

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For over twenty five years, DRI has documented human rights violations of people with disabilities confined to institutions around the world. DRI has been especially focused on demonstrating that abuse in institutions can rise to the level of torture as defined by the United Nations Convention Against Torture.

In 1999, the United States Board of Immigrant Appeals determined that an individual with a disability could qualify as a member of a "particular social group" for the purposes of protection against deportation. These cases are fact-based and difficult, but may be worth pursuing if your client has a disability and fears being placed in an institution.

Disability Rights International has over 25 years of experience investigation and documenting conditions in institutions for people with disabilities. Our expertise can be valuable for immigration attorneys who are representing people with disabilities in removal proceedings.

Over the last 5 years, DRI has provided expert testimony and tailored declarations in over 100 cases for clients with disabilities across the United States. Our documentation from Mexico and Guatemala demonstrates that people with disabilities detained in institutions are likely to experience torture and other human rights violations.

Mexico

DRI staff have traveled to Mexico dozens of times since 1992 and visited more than one hundred residential institutions, psychiatric hospitals, nursing homes, social care facilities, and orphanages for people with disabilities. DRI has conducted extensive research and field work throughout Mexico regarding the lack of services available to people with disabilities in that country, as well as the abusive and torturous conditions in Mexico's institutional facilities on which most disabled Mexicans must rely in order to survive in that country. In DRI's 2010 report, "Abandoned and Disappeared: Mexico's Segregation and Abuse of Children and Adults with Disabilities," we documented that the Mexican government segregates thousands of people with disabilities from society by forcibly placing them in institutions. The primary reason for this is "Mexico's lack of community-based services to provide the support necessary for individuals with mental disabilities to live in the community."

Since the release of our report in 2010, DRI has made numerous return visits to Mexico and found that conditions in Mexico have not improved. DRI has continued to document widespread ill treatment and torture in institutions, including "physical restraints, cages and isolation rooms, chemical restraints and overmedication, lifetime segregation of people with disabilities, atrocious conditions of confinement, [and] forced sterilization."

DRI reports on Mexico:

Crimes Against Humanity: Decades of Violence and Abuse in Mexican Institutions for Children and Adults with Disabilities (2020)

No Justice: Torture, Trafficking, and Segregation in Mexico (2015)

Twice Violated: Abuse and Denial of Sexual and Reproductive Rights of Women with Psychosocial Disabilities in Mexico (2015)

The Rights of Persons with Mental Disabilities in the new Mexican Criminal Justice System (2013)

Abandoned and Disappeared: Mexico's Segregation and Abuse of Children and Adults with Disabilities (2010)

Find our reports on our website here.

Guatemala

DRI first staff observed conditions at Federico Mora in person by visiting the facility in August 2011, March 2012, August 2012, and September 2012. We have sent in teams to investigate

conditions at Federico Mora every year since that time. DRI's last visit to Federico Mora was in March of 2018. During visits to Federico Mora, DRI obtained dozens of first-hand accounts from current and former patients, psychiatrists, nurses, and other hospital staff.

DRI took immediate action by working with the Human Rights Office of the Archdiocese of Guatemala (ODHAG) to apply for precautionary measures with the Inter-American Commission on Human Rights. Filed on October 12, 2012, the Precautionary Measures Petition asked the Commission to order the Guatemalan government to protect the lives and personal integrity of people detained at Federico Mora, to halt new placements, and to plan for the transfer of current patients, among other things. The IACHR granted our Precautionary Measures Petition on November 20, 2012.

DRI reports on Guatemala:

Still in Harm's Way: International Voluntourism, Segregation, and Abuse of Children in Guatemala (2018)

International Aid Funds Institutionalization in Guatemala: Submission to the United Naitons Committee on the Rights of Persons with Disabilities (2017)

After the Fire: Survivors of Hogar Seguro de le Asuncion at risk (2017)

Guatemala: Precautionary Measures Petition to the Inter-American Commission on Human Rights (2012)

Find our reports on our website here.

Know your Rights
If you are facing deportation from the United States and you:

have a mental health diagnosis

a disability of any kind

lack support in the country where they may send you

may be locked up in a psychiatric hospital

or may be placed in any institution for your "care" or "protection"

you may have a right to stay in the United States.
In many countries, people who are placed in institutions or psychiatric hospitals do not receive proper care. They are tortured and locked up in dangerous conditions. Know your rights - click here for a description of your rights.

For more information on asylum law and your rights in detention and removal proceedings, see this document compiled for Disability Rights International by students in the Immigrant Justice Clinic at American University's Washington College of Law ( download here).

We recommend that you find an attorney to help you and advise you of your rights.

There are some organizations that may be able to help you find legal advice free of charge. See the following resources for information on finding legal advice:

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Asylum and Immigration | Disability Rights International

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For over twenty five years, DRI has documented human rights violations of people with disabilities confined to institutions around the world. DRI has been especially focused on demonstrating that abuse in institutions can rise to the level of torture as defined by the United Nations Convention Against Torture.

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Multilingual brochures and publications about discrimination.

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Frequently Asked Questions Conditional Residence Status

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Preguntas Más Frecuentes: LA RESIDENCIA CONDICIONAL (FAQ: Conditional Residence Status/Spanish)

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Preguntas Más Frecuentes: LA RESIDENCIA CONDICIONAL (FAQ: Conditional Residence Status/Spanish)

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Frequently Asked Questions Conditional Residence Status Spanish

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Preguntas Más Frecuentes: La Inmigración Por Medio De La Familia (Family Based-Immigration/Spanish)

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Preguntas Más Frecuentes: La Inmigración Por Medio De La Familia (Family Based-Immigration/Spanish)

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Frequently Asked Questions Family-Based Immigration Spanish

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FAQ: Lawful Permanent Residency: What You Need to Know to Keep Your Status (English)

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FAQ: Lawful Permanent Residency: What You Need to Know to Keep Your Status (English)

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Lawful Permanent Residency What You Need To Know To Keep Your Status

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Preguntas Más Frecuentes: LA RESIDENCIA CONDICIONAL/ FAQ: Lawful Permanent Residence, What You Need to Know to Keep Your Status (Spanish)

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Preguntas Más Frecuentes: LA RESIDENCIA CONDICIONAL/ FAQ: Lawful Permanent Residence, What You Need to Know to Keep Your Status (Spanish)

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Lawful Permanent Residency What You Need To Know To Keep Your Status Spanish

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Searchable immigration attorneys directory.

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ImmigrationLawHelp.org | Helping low-income immigrants find legal help

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KNOW YOUR RIGHTS

Hope CommUnity Center offers detailed and concrete preparation for immigrants to be knowledgeable of their unalienable rights in this country, even when they don't have legal status. We provide this preparation through fairs, workshops, and clinics in which members of the community act out different scenarios in which they may encounter law enforcement officers or immigration officers. During these community gatherings, families also prepare Dignity Plan and Protection packets that demonstrate their length of time residing in the United States, the status and needs of their Permanent Resident or US Citizen Children, and their good moral character. Additionally, HCC works with members of the community to ensure the safety of their children, finances, and possessions through the preparation of Power of Attorney documents.
PROTECT YOURSELF FROM FRAUD, DON'T TAKE RISKS
Consult with an Immigration attorney, never receive legal guidance from a notary, Immigration Consultant, or paralegal. SAVE MONEY IN CASE OF AN EMERGENCY.
Hope CommUnity Center also partners with Catholic Charities of Central Florida for more detailed cases.
Click here for cards to carry that express your rights in English and Spanish.
Click here for a booklet demonstrating how to respond in different situations where you may encounter Immigration or Law Enforcement Officials. ( Spanish Version)
REPORT AN IMMIGRATION RAID. CALL THE FLORIDA IMMIGRANT COALITION HOTLINE AT 1-888-600-5762

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CITIZENSHIP LEGAL SERVICES IMMIGRATION FAIRS KNOW YOUR RIGHTS CITIZENSHIP PREPARATION Hope CommUnity Center offers citizenship preparation classes

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Immigrant Legal Resource Center | ILRC |

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The Immigrant Legal Resource Center (ILRC) builds a democratic society that values diversity and the rights of all people. Through the ILRC's policy and advocacy efforts, we promote a vision of racial justice that advances the rights of all immigrants, including those who have had contact with the criminal legal system.

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Individuals with Disabilities in Immigration Court

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Individuals with Disabilities in Immigration Court

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Immigrants with Disabilities Face Barriers in Immigration Court

Immigrants with disabilities face many barriers as they navigate deportation proceedings in U.S. immigration courts, where they must gather and submit evidence, testify, and present their case, often without a lawyer. These proceedings are adversarial, confusing, and terrifying for many immigrants, particularly people facing deportation to persecution or torture. As detailed in this report, the barriers that disabled immigrants face are exacerbated by a lack of resources and information about immigrants' rights under disability law in immigration court proceedings, absence of an established protocol for exercising those rights, denials of reasonable accommodations and safeguards to meaningfully participate in their proceedings, the use of detention to jail people during their immigration court cases, and disability discrimination in immigration court, including bias, stigma, and hostility from immigration judges. These barriers and harms violate federal disability law, Constitutional due process protections, and immigration law.

Federal laws and regulations, including the Rehabilitation Act and Department of Justice (DOJ) and Department of Homeland Security (DHS) agency regulations, prohibit disability discrimination. Under the Rehabilitation Act and its implementing regulations, immigrants with disabilities are entitled to reasonable accommodations in immigration court proceedings. Case law binding on immigration courts separately requires judges to evaluate and provide safeguards to immigrants who are unable to participate in their proceedings due to mental disabilities. However, the Executive Office for Immigration Review (EOIR), the agency that oversees immigration court, does not have a comprehensive disability policy, process for requesting accommodations, or publicly identifiable EOIR staff who are available for disability-related questions and concerns.

Failures by immigration courts to comply with disability law and provide adequate accommodations underscore the urgent need for EOIR to develop public guidance on disability access and accommodations. President Biden issued a series of Executive Orders in January 2021 and February 2023, requiring federal agencies to take steps to advance equity, including for people with disabilities. Both Executive Orders instruct the head of each agency to identify potential barriers that underserved communities, including people with disabilities, may face in accessing agency programs, and to produce a plan to address those barriers. DOJ's 2022-2026 Strategic Plan identifies equal access to justice as a goal, and states that the Department will "strive to remove obstacles that prevent meaningful access to counsel and courts for members of underserved communities." These mandates provide EOIR with an important opportunity to develop necessary, and long overdue, disability access policy.

EOIR should, in consultation with disability rights and immigration rights stakeholders, develop comprehensive disability nondiscrimination and access policies, including by creating a simplified reasonable accommodation request and review process, appointing disability access coordinators, and instituting regular immigration judge training on disability law, nondiscrimination, and specific disability categories. Human Rights First's full recommendations are included below in this report's recommendations section.

This report is based on research conducted by Human Rights First between September 2022 and April 2023, including 49 interviews with attorneys, advocates, and people seeking asylum, and information on 123 immigrants with disabilities in Arizona, California, Colorado, Florida, Illinois, Louisiana, Maryland, Massachusetts, New Jersey, New York, North Carolina, Texas, Vermont, Washington D.C., and Virginia who underwent immigration court proceedings, data on complaints submitted to the DHS Office for Civil Rights and Civil Liberties (CRCL) received through a Freedom of Information Act (FOIA) request by Human Rights First, other publicly available government statistics, civil rights violations complaints, published investigations by other human rights organizations, and media reports.
Key Findings

Though federal law and regulations prohibit disability discrimination in immigration court proceedings and require reasonable accommodations for immigrants with disabilities, there are no public EOIR policy documents, directives, training materials, or instructions for requesting disability accommodations, or other documents on disability access in immigration court proceedings. Lack of EOIR guidance on disability access has contributed to non-compliance with federal law and regulations guaranteeing disability access, depriving people with disabilities of a meaningful opportunity to participate in their immigration court proceedings.

d/Deaf and hard of hearing immigrants have been prevented from communicating effectively in immigration court or understanding their proceedings due to immigration judges' lack of basic understanding of how being deaf impacts a person's ability to communicate, failure to grant accommodations, deficient interpretation, failure by Immigration and Customs Enforcement (ICE) to provide access to communication services for detained d/Deaf and hard of hearing people, and egregious medical and mental health neglect in ICE jails. Immigrants impacted by these rights violations include a young d/Deaf man denied communication accommodations because the judge stated he "had been able to speak" in a hearing ten years prior without addressing the man's ability to hear or the fact that the man had gradually become deaf due to brain tumors he developed the same year as his prior hearing; a d/Deaf Salvadoran asylum seeker who could not understand what was happening in court because the judge disregarded his, his attorney's, and a deaf education expert's objections that the court's Salvadoran Sign Language interpreter did not sign competently; and a detained d/Deaf man who could not understand the sign language interpreter who was signing through video-teleconferencing on a small screen far from the man, with poor connection quality, but was forced to proceed even after the interpreter raised these issues to the court.

Blind and low vision people face barriers and discrimination throughout the immigration court process, including inability to read written EOIR communications, difficulty arranging transportation to hearings, challenges navigating the courthouse, lack of EOIR resources on how to request accommodations for blind or low vision immigrants, and ICE's failure to provide basic vision services to blind and low vision immigrants in detention, such as prescription glasses, which has prevented immigrants in detention from being able to see who is speaking to them in court or read and complete applications for relief.

EOIR has failed to provide accommodations for some immigrants with physical disabilities, such as by ensuring that all immigration courts are physically accessible or providing free transportation to hearings where free transportation programs for people with disabilities are not available. Lack of appropriate accommodations stigmatizes people with disabilities and compounds the difficulty and stress of preparing for and attending a hearing. Immigration court failures to inquire into competency issues and provide appropriate accommodations harms people with physical disabilities. One man with cerebral palsy, a condition which affects his ability to speak, endured a hearing where the judge made no inquiries into his disability. The man did not receive assistance until a legal organization intervened. Horrific medical neglect and discriminatory use of solitary confinement (sometimes referred to as "administrative segregation" or "disciplinary segregation") in ICE detention against immigrants with physical disabilities further deprives them of a fair opportunity to present their case.

Immigrants with cognitive, neurological, and mental health disabilities have been denied accommodations and safeguards, with some found not credible and denied protection due to failures by immigration judges to recognize the impacts of disabilities on memory and testimony or to take into account medical records submitted to the court. These include a Venezuelan asylum seeker denied asylum in part due to inconsistencies that were related to memory issues arising from his traumatic brain injury (TBI) and an asylum seeker living with brain cancer that caused cognitive and memory issues who was found not credible due to an inability to recall certain dates, times, and the precise order of events in her claim.

Failure by judges to recognize the impact of TBIs and other trauma-related disabilities such as post-traumatic stress disorder (PTSD) inflicts severe trauma and harm on people seeking asylum who are denied safeguards and forced to testify about their persecution. A judge denied a request to hold a competency hearing and institute safeguards for a Cuban asylum seeker who suffers seizures when talking about past trauma, including being raped due to her political opinion. In another instance, an asylum seeker from the Central African Republic who was imprisoned and beaten on the head repeatedly for months in his home country, causing a TBI, was forced to testify despite a recommendation from a psychologist at the ICE detention center where he was jailed to waive testimony. This caused severe trauma and head pain throughout the four-hour hearing, during which the asylum seeker pressed and rubbed his temples repeatedly.

Immigrants with mental health disabilities face bias, stigma, and discrimination in immigration court. Judges have used disparaging language in cases involving people with mental disabilities, including referring to an asylum seeker's mind as "Swiss cheese" before ordering her deported and accusing another immigrant experiencing delusions and partial seizures of "faking it," claiming that his attorney may be "making a mountain of a molehill." Immigration judge bias toward people with mental health disabilities endangers human lives and underscores the urgent need for training regarding identifying mental illness, communicating with people with mental health disabilities, and understanding how mental health disabilities may impact a person's ability to present their case.

Though immigration law and Board of Immigration Appeals (BIA) case law requires immigration judges to assess a person's "competency" to participate in proceedings in any case where there is an indication that the immigrant might not be competent to proceed and further mandates that judges provide safeguards to enable them to participate in their proceedings, immigration judges have failed to hold meaningful competency hearings and provide adequate safeguards for people with mental disabilities. In some instances, judges have held truncated competency hearings or refused to hold competency hearings altogether, denying immigrants and their attorneys an opportunity to demonstrate the need for safeguards. Judges have also disregarded expert evidence such as psychological evaluations and relied on their own non-expert impressions to deny critical safeguards, including in a case where a judge ignored the recommendation of a detention center psychologist.

People in immigration detention, including those with mental health disabilities, experience additional trauma, isolation, worsening of their disabilities, medical and mental health neglect, solitary confinement, and challenges communicating with their attorneys, all of which prevent them from preparing and presenting their case to the immigration court. These include a 17-year-old unaccompanied child from Honduras with PTSD, major depressive disorder, and a history of suicide attempts who was detained in a rural area of Virginia, exacerbating his mental health disabilities and his sense of isolation from his community and support systems; an asylum seeker with PTSD, depression, anxiety, and auditory hallucinations who struggled to share his story with the court during his detained immigration hearing because ICE had failed to provide him with his psychiatric medications and was denied protection; and an asylum seeker from Venezuela who was forced to appear for his final asylum hearing eight days into his stay in solitary and was denied asylum.

Read the full report.

Seeking asylum?

If you do not already have legal representation, cannot afford an attorney, and need help with a claim for asylum or other protection-based form of immigration status, we can help.

Human Rights First is a nonpartisan, 501(c)(3). We do not favor or oppose any candidate for public office.

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Immigrants with Disabilities Face Barriers in Immigration Court DOWNLOAD Immigrants with disabilities face many barriers as they navigate deportation proceedings in U.S. immigration courts, where they must gather and submit evidence, testify, and present their case, often without a lawyer. These proceedings are adversarial, confusing, and terrifying for many immigrants, particularly people facing deportation to [...]

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Red Cards / Tarjetas Rojas | Immigrant Legal Resource Center | ILRC

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All people in the United States, regardless of immigration status, have certain rights and protections under the U.S. Constitution. The ILRC’s Red Cards help people assert their rights and defend themselves in many situations, such as when ICE agents go to a home. Special thanks to our many partners who contributed translations in the various languages now available, making these red cards accessible to more individuals.

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Immigrant and tenants' rights.

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Learn About What We Do Accessible. Respected. Deep Expertise. Leadership. Centro Legal’s immigration practice is focused on serving the needs of our most vulnerable community members, including families living in poverty, long residing undocumented immigrants and families,

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Mexican American Legal Defense and Educational Fund

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Mexican American Legal Defense and Educational Fund

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MALDEF (Mexican American Legal Defense and Educational Fund) is the leading civil rights voice of the Latino community

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In the 1990s and the early 2000s, retailer Abercrombie & Fitch, was the hottest place for young people to shop and work. Ubiquitous in malls throughout the U.S., A&F presented a casual "all-American" look that felt exclusive. But that exclusivity was built on...

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MALDEF | Mexican American Legal Defense and Educational Fund

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In the 1990s and the early 2000s, retailer Abercrombie & Fitch, was the hottest place for young people to shop and work. Ubiquitous in malls throughout the U.S., A&F presented a casual "all-American" look that felt exclusive. But that exclusivity was built on...

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DB101 California - Cash Assistance Program for Immigrants (CAPI): The Basics

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CAPI helps immigrants with disabilities and seniors who have low income, low resources, and do not qualify for SSI.

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Family Benefits Checklist - Protecting Immigrant Families

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Check to see if some of these programs may support your children and family, and click the links or contact a trusted local organization to learn more. This checklist covers just some of the benefits available. Your state may have more! Some states use different names for these programs. Eligibility for many programs depends on […]

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LIBRE—Linking Immigrants to Benefits, Resources & Education—was born out of the need to help immigrant families achieve stability. Many immigrants do not apply for government benefits because they are concerned about the public charge rule affecting their immigration options. LIBRE’s partner organizations help our immigrant community navigate these concerns, educate them about safety net services available, and link them to specific agencies in their communities to assist them with the enrollment process

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Immigration & Benefits Support - nuestracasa.org

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Working with local LIBRE partners, Nuestra Casa helps families achieve stability by making sure their basic needs are met. LIBRE—Linking Immigrants to Benefits, Resources & Education—was born out of the … Continued

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Public Charge information

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The Protecting Immigrant Families coalition brings the nation's leading voices for immigrant rights and health care and human services together to fight for a more equitable, more prosperous future. PIF and its partners are changing public policy, engaging immigrant families and tracking policies that matter to immigrant families.

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STATE & LOCAL PARTNERS

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The Protecting Immigrant Families coalition brings the nation's leading voices for immigrant rights and health care and human services together to fight for a more equitable, more prosperous future. PIF and its partners are changing public policy, engaging immigrant families and tracking policies that matter to immigrant families.

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This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are as essential for the working of basic functionalities of the website.

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Public Charge - Golden Valley Health Centers

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Public Charge Advocates Resources - Protecting Immigrant Families

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Public charge advocacy resources that provide public charge statistics and public charge media for improving information dissemination.