Pass the Immigrants’ Mental Health Act
Recommendation
Congress should pass the Immigrants’ Mental Health Act, which would require Customs and Border Protection (CBP) to develop training to enable its agents and officers to identify mental health challenges and risk factors in immigrants and refugees, provide crisis intervention using a trauma-informed approach, and better manage work-related stress and psychological pressures.[1][2][3]
Background/summary
Immigrants, refugees, and asylum seekers face multiple stressors, such as family separation, poverty, housing insecurity, and unemployment.[4] In addition, about one in three experience depression, anxiety, or post-traumatic stress disorder (PTSD).[4] To address the mental health of those in the immigration system, CBP staff should be trained and MH/SUD experts made available.[1]. However, many immigrants and refugees fear seeking mental health support in fear of it impacting their immigration status.[2] Unfortunately, unaccompanied minors who are required to attend therapy have had their notes shared during court proceedings resulting in the denial of asylum.[5]
In a September 2020 letter, a number of organizations representing medical and mental health providers, including the American Academy of Pediatrics, American Psychiatric Association, American Medical Association, among others, cited the trauma incurred during immigration and immigration detention and their belief that the conditions in CBP custody to be inconsistent with evidence-based recommendations for children and women.
To protect the mental health of immigrants, refugees, and asylum seekers, CBP staff should have training, MH/SUD experts should be available, and it should be prohibited to share confidential information shared in therapy sessions.[1][2][3] Additionally, CBP officers face some of the highest suicide rates of any law enforcement. Between 2007 and 2022, 149 CBP employees died by suicide. The rate of suicide at CBP is almost 28% higher than at any other law enforcement agency. [6][7]
The Immigrants Mental Health Act includes provisions to address mental health challenges among immigrants as well as CBP agents and officers.[1] This includes assigning at least one qualified mental or expert on mental health and substance use disorders (MH/SUD) to each Border Patrol station, port of entry, checkpoint, forward operating base, secondary inspection area, and short-term custody facility. In addition, the act would restrict the sharing of mental health information for use in certain immigration proceedings.[1]
citations
1. Immigrants’ Mental Health Act of 2021. S. 1100 (Merkley) and H.R. 2480 (Napolitano), 117th Congress (2021-2022). Last Accessed July 24, 2023.
2. “Rep. Napolitano & Sen. Merkley Re-Introduce Immigrants’ Mental Health Act.” 2021. Congressperson Jeff Merkley. Last Accessed July 24, 2023.
3. “Rep. Napolitano & Sen. Merkley Re-introduce Immigrants’ Mental Health Act.” 2021. Congressperson Grace Mapolitano. Last Accessed July 24, 2023.
4. Song, Suzan and Teichholtz, Sara. n.d. “Mental Health Facts on Refugees, Asylum-seekers, & Survivors of Forced Displacement.” American Psychiatric Association. Last Accessed July 18, 2023.
5. American Psychiatric Association. 2020. “APA Calls for Immediate Halt to Sharing Immigrant Youths’ Confidential Psychotherapy Notes with ICE.” Last Accessed July 18, 2023.
6. Rohrlich, Justin. 2019. “US Border Officers Die by Suicide 30% More Often than Other Cops.” Quartz. October 31, 2019.
7. “Congressmen Gonzales, Cuellar Introduce Bipartisan Bill to Prevent CBP Suicides.” 2022. Representative Tony Gonzales. December 15, 2022.