EOIR Publishes “Phase I Guidance” Regarding Protections for Detained, Unrepresented Aliens Who May Be Mentally Incompetent

This document constitutes EOIR’s final “Phase I Guidance” regarding its nationwide plan to provide protections to detained unrepresented aliens who may be mentally incompetent to represent themselves. EOIR has begun training its Immigration Judges concerning issues addressed in this guidance, and will continue to do so on a rolling basis in 2014. Immigration Judges will not have the authority to implement the guidance until after they attend training, and receive notification from EOIR that they are authorized do so, which will occur as close in time as possible. As noted in the guidance, based on observations made during Phase I, EOIR may issue revised guidance in conjunction with further roll-out of the nationwide plan.