GW Law Faculty Publications & Other Works

Document Type

Article

Publication Date

2024

Status

Accepted

Abstract

Law enforcement officers commonly must respond to situations in which a person is experiencing acute symptoms of a mental illness. Yet from the first moment of police involvement, these community members face the possibility of negative outcomes. Consequences include officers' use of excessive force leading to injury or death, criminal arrest and prosecution that results in deprivation of liberty, separation from the community, and the creation of a permanent criminal record that affects other rights.

Although potential violence and criminalization are important reasons to avoid relying on police during mental health events, another key consideration is often ignored in the discourse: the specific heightened repercussions noncitizens face. Namely, noncitizens face the additional possibility of deportation. Because immigration law and policy link local law enforcement to the federal government, noncitizens contend with the risk of transfer from criminal to immigration custody, even if criminal charges are not imposed. The myriad problems within the immigration system-including lack of access to counsel and inadequate mental health care-increase mentally ill noncitizens' likelihood of ultimately being deported. This Article calls for systemic changes to policing that account for the unique experience of noncitizens with mental illnesses. This Article also offers a set of Principles by which future proposed police reforms can be assessed.

GW Paper Series

2024-49

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