Detained immigrants deal with struggles many of us will never experience. Language barriers, the inability to pay for legal representation and the threat of being transferred to another state away from family members and other support are just a few of these. But hundreds of those in immigration detention face yet another crippling problem: mental illness.

Through no fault of their own, mentally ill immigrants in detention are put at a great disadvantage because there no policies in place to help them, and as a result they're left to defend themselves in court. If you or someone you know has ever struggled with mental illness, you know how hard it can be just to get through everyday life. Imagine suffering from severe depression or schizophrenia in addition to not being familiar with the language or procedures being used in your court hearing.

A recently certified federal class-action lawsuit is trying to address the issue by compelling the court to provide lawyers, competency hearings and bond hearings for mentally ill immigration defendants. The plaintiffs in the lawsuit, filed by the American Civil Liberties Union and several law advocacy groups, are eight men with various mental disorders. There have been notices posted at detention centers nationwide calling for more plaintiffs to join the suit.

Currently, the Department of Justice says immigration detainees are only entitled to representation by a lawyer at no expense to the government, no matter what their health condition. If a detainee is incompetent to represent himself in court, a family member or friend is allowed to help.

If a detainee has a mental illness or disability that renders her incompetent, the court is notified through written motions or evidentiary filings. A judge may recommend that the defendant get a lawyer, but many cannot afford one or find a lawyer willing to work for free. Many judges have been frustrated by the lack of a policy to address this problem.

But the fight for improved mental health care for detainees has already led to positive changes; intermediate care facilities and full-time mental health services at all facilities are in the works. Mental illness and legal advocates hope that the class-action lawsuit will further allow detained immigrants suffering from a condition over which they have little control to finally get just and effective treatment.

Source: Los Angeles Times, "Detained immigrants with mental illness face barriers in court," Paloma Esquivel, Feb. 7, 2012