by Jeremy Leaming
A federal judge in Los Angeles took a step recently to bolster the nation’s indigent defense system for some undocumented immigrants. It was an all-too-rare legal action to help the most vulnerable among us, and unlikely to be celebrated by opponents of immigration reform.
But poverty in this country is not exclusive to documented Americans, neither are basic human rights. U.S. District Judge Dolly M. Gee, as Bloomberg reports, moved to address the glaring inequality when she recently ruled that three states must pay for legal counsel for mentally disabled immigrants who are detained for potential deportation.
Gee said that mentally disabled plaintiffs do not have meaningful access to the legal proceedings against them without counsel. “Plaintiffs’ ability to exercise these rights is hindered by their mental incompetency, and the provision of competent representation able to navigate the proceedings is the only means by which they may invoke these rights,” the judge ruled in José Antonio Franco-González v. Holder.
As Bloomberg noted, federal agencies took action to ensure the measure would apply nationwide.
In an April 22 statement, the Departments of Justice and Homeland Security announced “a new nationwide policy for underrepresented immigration detainees with serious mental disorders or conditions that may render them mentally incompetent to represent themselves in immigration proceedings.”
In its landmark Gideon v. Wainwright opinion, the Supreme Court ruled that criminal defendants have a constitutional right, secured by the Sixth and Fourteenth Amendments, to legal representation even if they cannot afford it. During a recent symposium sponsored by the Harvard Law & Policy Review and ACS, UNC Law School Professor Gene Nichol argued that one of the legal system’s greatest failures, which mirror the nation’s overall treatment of the poor, is its ongoing inability to provide the most vulnerable among us competent legal help even in civil matters.

Policy and other federal agencies established “seven Strategy goals related to reducing illicit drug use and its consequences by 2015.” GAO continued, “As of March 2013,” its “analysis showed that of the five goals for which primary data on results were available, one shows progress and four show no progress.”
un safety measures in the U.S. Senate and due process concerns were raised by some human rights groups over the federal government’s questioning of the Boston Marathon bombings suspect.
rm, such as Sens. Tom Udall (D-N.M.) and Jeff Merkley (D-Ore.). The plan, in part, would force senators to work harder to sustain a filibuster. Merkley calls it a “talking filibuster.” In a