Sent “Home” With Nothing: The Deportation of Jamaicans with Mental Disabilities
the challenges faced by this particularly vulnerable group. 65 This section of the report describes the various difficulties that persons with mental disabilities face shortly prior to and during deportation. It also addresses the challenges that they encounter immediately upon arrival, and suggests policy changes that could be implemented to help persons with mental disabilities overcome these difficulties.
a.
Detention
While many individuals are detained throughout their immigration proceedings, others are taken into mandatory detention only after receiving a final order of removal. ICE is required to detain immigrants ordered removed for the ninety day period prior to their deportation.66 The detention centers in which immigrants are placed may be managed and operated by ICE, private contractors, or county or state jails. Often, retrieving travel documents takes much longer than ninety days, and lengthy detention, lasting months or sometimes years, is the norm for many immigrants awaiting deportation.67 Consistent with existing data,68 the individuals interviewed for this report remained in immigration detention for three to eight months, and were often relocated to multiple detention centers over a period of days, weeks, or even months, before finally being placed on their deportation flight.69 Individuals with mental disabilities face numerous challenges in immigration detention. For example, concerns have surfaced over the adequacy of healthcare, and specifically mental healthcare, while in immigration detention. Previous reports have found inadequate medical assessments, detention center staff often unqualified to meet the needs of the mentally disabled, and delays faced by detained persons in obtaining necessary care.70 Additionally, the use of isolation to control persons suffering from a mental disability, which is reportedly not uncommon in ICE detention, often exacerbates symptoms.71 Overall, conditions in detention often contribute to the dramatic deterioration of the mental health of mentally disabled individuals.72
from failing to meet one-year deadline for petition). 66
65
Texas Appleseed Report, supra note 4, at 49-63. Human Rights Watch Report, supra note 4, at 77.
67
Id. Regulations that were promulgated pursuant to a 2001 Supreme Court ruling stipulate that review of
an immigrant’s custody should occur after 180 days of detention. Subsequently, a person can be detained if found to be obstructing removal. Id. 68
E.g., Texas Appleseed Report, supra note 4, at 9, 43.
69
Interview with Brian in Kingston, Jam. (Jan. 11, 2011) (reporting that he was in detention for six months);
Interview with Anthony in Kingston, Jam. (Jan. 11, 2011) (reporting that he spent three months in detention); Interview with Robert in Kingston, Jam. (Jan. 12, 2011) (reporting that he spent one year in detention). 70
Texas Appleseed Report, supra note 4, at 21-26.
71
Id.
72
Id.
22