In this commentary, we reflect on Korngold and colleagues’ comprehensive review of the legal challenges encountered by mentally ill immigrant detainees in the United States. Specifically, we further review the competency question as it relates to detainees, as well as recent developments in the legal system. We expand the discussion to general treatment and care of mentally ill detainees in United States Immigration and Customs Enforcement (ICE) facilities. In addition, we provide an allegory to the juvenile justice system and discuss cultural considerations. We conclude by highlighting the significant implications changes in the immigration justice system may have for forensic examiners and competency evaluations. © 2015, American Academy of Psychiatry and the Law. All Rights Reserved.

[No Keywords available]

Emigrants and Immigrants Emigration and Immigration mental capacity legislation and jurisprudence psychology mental health human Humans migrant migration Mental Competency