[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3881 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 3881

 To amend the Immigration and Nationality Act to provide authority for 
  immigration judges to terminate proceedings or appoint counsel when 
 necessary for aliens with mental disabilities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2012

  Mr. Stark introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to provide authority for 
  immigration judges to terminate proceedings or appoint counsel when 
 necessary for aliens with mental disabilities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ensuring Mental Competence in 
Immigration Proceedings Act''.

SEC. 2. AUTHORITY FOR IMMIGRATION JUDGES TO TERMINATE PROCEEDINGS OR 
              APPOINT COUNSEL WHERE NECESSARY FOR ALIENS WITH MENTAL 
              DISABILITIES.

    Section 240(b)(3) of the Immigration and Nationality Act (8 U.S.C. 
1229a(b)(3)) is amended to read as follows:
            ``(3) Presence of aliens.--
                    ``(A) In general.--If it is impracticable by reason 
                of an alien's mental incompetency for the alien to be 
                present at the proceeding, the Secretary of Homeland 
                Security shall prescribe safeguards to protect the 
                rights and privileges of the alien.
                    ``(B) Termination of proceedings.--An immigration 
                judge may order a competency evaluation at any stage of 
                the proceedings. The immigration judge may terminate 
                proceedings against those aliens not competent to 
                represent themselves in their proceedings due to mental 
                disabilities. In determining whether to terminate 
                proceedings, the immigration judge shall consider, 
                without excluding other pertinent factors, the severity 
                of the alien's condition and prognosis, the likelihood 
                that competence can be restored within 60 days, and 
                whether the alien is represented by counsel with whom 
                the alien can meaningfully communicate in order to 
                assist the proceedings. Proceedings for aliens 
                receiving medically necessary inpatient mental health 
                treatment for a serious mental disability shall be 
                presumed to merit termination.
                    ``(C) Appointment of counsel.--If proceedings are 
                not terminated for an alien who is incompetent to 
                represent himself or herself in proceedings due to a 
                mental disability, the immigration judge shall appoint 
                counsel when the alien is unrepresented. Appointment of 
                counsel shall not preclude the immigration judge from 
                subsequently terminating proceedings under this 
                section.''.
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