Immigration court when someone has a serious mental illness

This is general information, not legal or medical advice. DNLH is not a lawyer, a clinic or a crisis line. The person's lawyer and treating clinicians are the ones to decide strategy and care.

Does mental illness stop a deportation case?

No, not by itself. But it changes how the case must be run.

The Board of Immigration Appeals set the rules in Matter of M-A-M- (2011):

• Everyone starts out presumed competent. If nothing suggests a problem, the judge doesn't have to ask.
• If there are signs of a problem, the judge must look into it. Signs can include strange answers, not understanding questions, a diagnosis in the file, or a family member's report.
• The test: can the person understand what the case is about and what could happen, work with their lawyer if they have one, and have a fair chance to look at and present evidence and question witnesses?
• If not, the judge must put safeguards in place and explain the decision in writing or on the record.

Federal law backs this up. If mental incompetency makes it impractical for someone to be present, the government must provide safeguards to protect their rights, under 8 U.S.C. 1229a(b)(3).

What protections can the judge order?

The Board gave examples in Matter of M-A-M-. A judge may:

• refuse to accept an admission that the person is deportable when they have no lawyer,
• let a family member or close friend help and give the court information,
• manage the schedule so the person can find a lawyer or get treatment,
• let a guardian take part,
• give more time (a continuance) for good cause,
• close the hearing to the public,
• excuse the person from appearing,
• help develop the record, including questioning witnesses, and
• in some cases, set the case aside while treatment is sought.

That last option, administrative closure, has become harder to get. Immigration courts have been applying the Texas v. DOJ decision to deny it, as the Immigrant Legal Resource Center reported in September 2026. Ask the lawyer what is realistic now.

The regulations add two more protections:

• An admission from an incompetent person without help doesn't count. The judge may not accept an admission of deportability from an unrepresented person who is incompetent and has no lawyer, relative, guardian or friend with them, under 8 CFR 1240.10(c).
• Someone can appear for them. If the person can't attend because of mental incompetency, their lawyer, legal representative, guardian, near relative or friend who got the notice to appear may appear for them, under 8 CFR 1240.4.

Does the government have to give them a lawyer?

Usually, no one in immigration court gets a free lawyer. People with serious mental illness can be the exception.

Detained in California, Arizona or Washington. A federal class action, Franco-Gonzalez v. Holder, led to a program that gives a qualified representative, usually a lawyer, to unrepresented, detained people found not competent to represent themselves, the EOIR Franco program page says. The court in that case found that people with serious mental disorders are entitled to this as a reasonable accommodation under federal disability law, the Congressional Research Service explains.

Detained in other states. EOIR also ran a nationwide program for detained people found incompetent. In April 2025, the Justice Department tried to limit it to the Franco class. On July 21, 2025, a federal court in Washington, D.C., blocked that, CRS reports. EOIR's national program page, updated July 23, 2025, still lists the nationwide policy. That page has not been updated since. If your loved one is detained outside California, Arizona or Washington, ask the judge at the first hearing whether a qualified representative can be appointed, and contact local legal groups from the EOIR list.

Not detained. These programs cover only people in detention. If your loved one is not detained, you will need a free or low cost lawyer. See Can I get a free lawyer for immigration court?

What if they are detained?

1. Find them. Use the ICE Online Detainee Locator. It can be up to 8 hours behind.
2. Tell the facility about their condition and medications. Ask that they be seen by medical or mental health staff. Write down who you spoke to and when.
3. Tell the judge. Write to the court with the case's A number, explaining the illness and attaching proof. Mention that the person may qualify for a qualified representative.
4. Call a legal group right away. Use the EOIR pro bono list for the court where the case is.

See Find a family member detained by ICE and When a loved one is detained: the complete guide.

What if they are not detained?

• Never let them miss court. A missed hearing can lead to a removal order in their absence. If they get confused about dates, help them track every notice.
• Keep the address current. A change of address must be filed with the court on Form EOIR-33/IC within 5 working days.
• Go with them if they want you there.
• Get a lawyer early, and share medical records with the lawyer.
• Keep treatment going. Stable treatment helps their health and their case.

For Bay Area cases, the San Francisco immigration court closed on September 4, 2026. Cases moved to the Concord Immigration Court, 1855 Gateway Blvd, Suite 850, Concord, 925-680-9015. Some hearings still happen in San Francisco or by video. Check the notice.

How can family help?

You can make a real difference here.

• Gather records. Diagnoses, hospital stays, medication lists, school special education records, letters from doctors or counselors. Ask the person to sign a release so providers can share records with their lawyer.
• Write down what you see. How the illness shows up, when it started, past crises, what helps. Dates matter.
• Offer to appear. The judge can let a family member or friend help and give information.
• Bring a list of medications and the name of the treating clinician.
• Ask about danger they face abroad. Some countries lack treatment or mistreat people with mental illness. That can matter for asylum or other protection. Tell the lawyer.

Caring for someone with serious mental illness is exhausting. You need support too. See Caring for a family member with mental illness.

Can mental illness help their case?

Sometimes. A lawyer may use it in a few ways:

• Safeguards and a lawyer, as described above.
• Fear of harm abroad, for asylum, withholding of removal or protection under the Convention Against Torture.
• Hardship, in cases that weigh hardship to family, like some waivers and cancellation of removal.
• Explaining past problems, like a missed deadline or a past arrest, though that is always a lawyer's call.

Mental illness can also be raised against someone, for example in some criminal or public safety questions. That is another reason a lawyer must guide how records are used.

What does this look like in real life?

Example (fictional). Luis, 34, has schizophrenia and is detained in California. At his first hearing he talks about things that aren't there. His sister sends the court his hospital records. The judge holds a competency inquiry, finds he can't represent himself, and the court appoints a qualified representative. His sister is allowed to share information at the next hearing, and the case continues with a lawyer at his side.

Questions people ask

Can I speak for my family member in court? The judge may let you help and give information. If they can't attend because of their illness, a near relative or friend who got the notice may appear for them. You can't give legal advice or act as their lawyer unless you are one.

Will telling the court about the illness hurt them? Raising competency is how the protections start. But talk to a lawyer about what records to share and how.

What if they refuse treatment or don't believe they are sick? That is common. Keep notes and records anyway. The judge looks at the person's ability to take part, not whether they agree with a diagnosis.

Can ICE deport someone who isn't competent? A judge can still order removal after safeguards are in place. The protections are about a fair process, not a promise of the outcome.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• In a mental health crisis, anywhere in the U.S.: call or text 988, or chat at 988lifeline.org. Free, confidential, 24/7/365. In Spanish, dial 988 and press 2, or text AYUDA to 988. If someone is in danger right now, call 911.
• Anywhere in the U.S.: the EOIR list of pro bono legal service providers, by court, and ImmigrationLawHelp.org by zip code.
• Anywhere in California: the California Department of Social Services provider map, or call (916) 651-8017.
• San Mateo and Santa Clara county residents with low income: Community Legal Services in East Palo Alto (CLSEPA), (650) 326-6440, which has a removal defense practice.
• More help: Mental health care without fear and Where an adult can go in a mental health crisis

You are not alone in this, and neither is your loved one. The law expects the court to slow down and protect people who are struggling. Speak up, bring the records, and keep showing up.