Abstract

http://ssrn.com/abstract=1619007
 
 

Footnotes (121)



 


 



Systemic Failure: Mental Illness, Detention, and Deportation


Bill Ong Hing


University of San Francisco - School of Law

June 1, 2010

UC Davis Journal of Immigration Law and Policy, Forthcoming
Univ. of San Francisco Law Research Paper No. 2010-21

Abstract:     
Our detention and deportation system failed Tatyana Mitrohina. She was born in Russia with heart defects and deformed hands. She was rejected by her parents for many years, spending her infancy in hospitals and institutions. Though she was later able to move back home, her parents abused her and then abandoned her. She immigrated to the United States as a young teen, adopted by U.S. citizens. After more than a decade, she had a child of her own, whom she abused. Tatyana was diagnosed with mental illness. Although she was convicted of child abuse, the state court recommended medication, counseling, and a chance to regain custody of her child. But ICE took over, and Tatyana was removed and her child was taken away permanently. She should not have lost her child. She should not have been removed.

This article discusses the victimization of Tatyana Mitrohina by the U.S. detention and removal system. However, this article also recounts some of the choices made along the way of Tatyana’s life, including choices that were manifested in the outcome of her removal proceedings. The choices include those made by her parents, the state court, the Immigration and Customs Enforcement officials, the immigration judge, her lawyers, and policymakers. Of course, Tatyana’s choices and even the choices made by the immigration clinic I help to direct are relevant.

In this article, I describe Tatyana’s background, the incidents that led up to her being taken into ICE custody, and her removal proceedings. As she was in detention and suffering from mental illness, I describe some of the special challenges that detained respondents in removal proceedings encounter, as well as the special challenges faced by those who are suffering from mental illness. I describe how different choices made along the way affected the outcome of the case, and finally, I make note of how alternative choices could very well have resulted in a better outcome for Tatyana.

Number of Pages in PDF File: 35

Keywords: immigration law, Immigration and Customs Enforcement, mental illness, deportation, detention, removal proceedings

Accepted Paper Series


Download This Paper

Date posted: June 1, 2010 ; Last revised: September 29, 2010

Suggested Citation

Hing, Bill Ong, Systemic Failure: Mental Illness, Detention, and Deportation (June 1, 2010). UC Davis Journal of Immigration Law and Policy, Forthcoming ; Univ. of San Francisco Law Research Paper No. 2010-21. Available at SSRN: http://ssrn.com/abstract=1619007

Contact Information

Bill Ong Hing (Contact Author)
University of San Francisco - School of Law ( email )
2130 Fulton Street
San Francisco, CA 94117
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,113
Downloads: 83
Download Rank: 175,855
Footnotes:  121

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.328 seconds