ICE’s Deadly Practice of Abandoning Immigrants with Disabilities and Mental Illnesses on the Street

In the United States, individuals who have been declared mentally incompetent are consistently dismissed from immigration detention facilities without prescribed medication, transportation assistance, or the ability to contact a lawyer or family member. Moreover, unsafe releases of immigrants with cognitive disabilities and mental illnesses from Immigration and Custom Enforcement (ICE) custody have been exacerbated by the COVID-19 pandemic. Martin Vargas Arellano, a terminally ill detainee who died as a result of being secretly released from ICE facilities, brought national attention to this pervasive issue in 2020. Following Arellano’s death, the Board of Immigration Appeals issued a statement asserting that the judge who denied him relief failed to abide by the United Nations Convention against Torture. As a result of cases like Arellano’s, advocates for detained or medically vulnerable people argue that detention should not be the default option. Instead, members of these groups should be allowed to wait for immigration court proceedings in reasonable community accommodations. Advocates also urge ICE to develop a consistent policy and practice for the release of individuals with complex mental health needs from immigration detention. (Flora Meng for The Immigrant Learning Center’s Public Education Institute)