Forensic Mental Health Assessment in Immigration Court

Abstract

Abstract Under US immigration law, individuals without valid immigration legal status and legal permanent residents convicted of certain crimes can face removal proceedings (i.e., deportation) and be detained. Immigration Court (IC) is civil in nature and therefore respondents (i.e., immigrants in deportation proceedings) have limited constitutional protections (e.g., right to counsel) despite the severe penalties imposed (e.g., detention and deportation). Many of the legal issues involved in IC decisions include mental health concepts (e.g., fear of persecution, mental abuse, credibility, competency for self-representation, and dangerousness). Forensic mental health assessment (FMHA) in IC proceedings requires specialized knowledge of immigration law, forensic and cross-cultural assessment, and psychological impact of trauma. Despite the crucial role of psychological evaluations in this context, FMHA in IC proceedings has received little attention. This chapter provides an overview of the legal context of immigration law, the psycholegal issues involved in immigration-related FMHA, and recommendations for best practices and future research.