TITLE

DISABLED, DEFENSELESS, AND STILL DEPORTABLE: WHY DEPORTATION WITHOUT REPRESENTATION UNDERMINES DUE PROCESS RIGHTS OF MENTALLY DISABLED IMMIGRANTS

AUTHOR(S)
Eisner, Helen
PUB. DATE
December 2011
SOURCE
University of Pennsylvania Journal of Constitutional Law;Dec2011, Vol. 14 Issue 2, p511
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article discusses the challenges of mentally disabled immigrants and emphasizes on the need of legal representation for the mentally ill detainee to their avoid deportation. It focuses on the due process clause of the Fifth Amendment which guarantees a right to counsel for these detainees. Recommendations for reforms relating to federal law and the Immigration court and detention system are presented for the protection of immigrant's due process rights.
ACCESSION #
76111559

 

Related Articles

  • The Search for Due Process in Civil Commitment Hearings: How Procedural Realities Have Altered Substantive Standards. Ferris, Christyne E. // Vanderbilt Law Review;Apr2008, Vol. 61 Issue 3, p959 

    The article focuses on the issues concerning the search for due process in civil commitment of mentally ill individuals in the U.S. It provides information on the background of the current state of due process including the emergence of a Constitutional model of Civil Commitment and the...

  • The Role of Counsel in Civil Commitment Proceedings: Emerging Problems. Litwack, Thomas R. // California Law Review;May74, Vol. 62 Issue 3, p816 

    Argues for a more responsible role for lawyers in the commitment process of the insane based on the result of the author's review of New York's experience with the Mental Health Information Service. Viability of creating a group of lawyers who specialize in the problems of psychiatric law;...

  • Volunteering Children: Parental Commitment of Minors to Mental Institutions. Ellis, James W. // California Law Review;May74, Vol. 62 Issue 3, p840 

    Examines the legal issues relevant to parental involvement in the commitment of minors to mental institutions in the United States. Background of the development of commitment practices in the country; Legislation drafted to meet objective of the major points of legal contention about the issue.

  • Community Treatment Orders and 'Brian's Law'. Weitz, Don // Canadian Dimension;Sep/Oct2000, Vol. 34 Issue 5, p12 

    Criticizes the proposal in Canada which authorizes keeping psychiatrically-labeled people on chemical treatment. Confinement if they violate their psychiatric parole; Origin of Bill 68, 'Brian's Law,' amendments to the Mental Health Act and Health Care Consent Act; Misconception about killings...

  • Psychiatric Advance Directives: Benefits and Barriers. Scheyett, Anna // Current Psychiatry Reviews;2008, Vol. 4 Issue 3, p137 

    Psychiatric Advance Directives (PADs) are legal documents designed to allow individuals with serious mental illnesses (SMI) to continue to exercise choice in care during crises. PADs allow individuals with SMI to express their wishes for mental health care and to communicate relevant information...

  • Office of the Governor : Executive Order 12-05: Providing for Protection and Advocacy for People with Mental Illness and Continuing the Assignment of Responsibilities to Mid-Minnesota Legal Assistance, the Surviving Corporation of the Legal Aid Society of Minneapolis; Rescinding Executive Order 99-07  // Minnesota State Register;6/4/2012, Vol. 36 Issue 46, p1480 

    The article offers information on the executive order 12-05 issued by the governor of Minnesota which focuses on providing for protection and advocacy for people with mental illness and continuing the assignment of responsibilities to Mid-Minnesota legal assistance. It states that under the...

  • Australia : Mental health legal aid services expanded.  // TendersInfo News;7/31/2014, p1 

    The article reports that Victorian Minister for Mental Health Mary Wooldridge has launched Victorian Legal Aid (VLA) has expanded the mental health services across Victoria. It mentions that government will expand VLA s legal services for people with mental illness into growth areas and regional...

  • Bournewood carers tell minister: 'Don't ignore us'. Samuel, Mithran // Community Care;7/5/2007, Issue 1680, p8 

    The article reports on the complaints of the carers of an autistic man who was wrongly detained in a psychiatric hospital in Great Britain. The carers contend that the government has neglected to consider in the Mental Health Bill safeguards for people who lack the capacity to resist admission...

  • Privacy for the Institutionalized Mentally Ill. O'Reilly, Joseph; Sales, Bruce // Law & Human Behavior (Springer Science & Business Media B.V.);Mar1987, Vol. 11 Issue 1, p41 

    During the past decade the courts have taken an increasingly active rule in shaping the physical facilities that house environmentally captive individuals. Perhaps the most influential of these cases was Wyatt v. Stickney (1972), which has been cited as a basis for standards promulgated by other...

Share

Read the Article

Courtesy of VIRGINIA BEACH PUBLIC LIBRARY AND SYSTEM

Sign out of this library

Other Topics