The mental health of migrant children trumps the federal government shutdown, hands-down, according to a Los Angeles federal court judge. U.S. District Judge Dolly Gee certified the class of detained asylum-seeking migrant children requesting mental health aid, and firmly dismissed the government’s request to delay the suit until after the federal shutdown has ended.

In Gee’s ruling, four orders were given. First, the federal government’s request for a continuance was denied. Second, the judge certified a class that currently contains five children with either mental disabilities, given psychotropic drugs without consent, detained for more than 30 days without notice, or blocked from being released to guardians. However, the class size is expected to reach into the hundreds. Third, the judge modified the class definition from the Americans with Disabilities Act to the Rehabilitation Act; the Rehabilitation Act requires class members to actually be denied service, whereas the ADA only requires that they could be denied service.

Underlying Case Highlights Due Process Violations of Migrant Children and Their Mental Health

At issue in this case is the alleged constitutional due process violation of hundreds of migrant children that have been separated from their families while crossing the southern U.S. border, seeking asylum. Many of these children’s mental health have suffered while in detention with the U.S. Office of Refugee Resettlement, but instead of providing mental health care, many are just handed psychotropic drugs or left to linger.

If you know of a child that is suffering mental health issues due to refugee detainment, contact an immigration attorney. The child may be able to join this class action, potentially at no cost.

Related Resources:

  • Find an Immigration Attorney Near You (FindLaw’s Lawyer Directory)
  • Supreme Court Vacates Ruling Allowing Immigrant Teen to Obtain Abortion (FindLaw Decided)
  • Toddlers and Young Immigrant Children Still Alienated From Their “Ineligible” Parents (FindLaw Law and Daily Life)

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