Center for American Progress

RELEASE: New CAP Report Outlines How To Increase Protections for Disabled Asylum-Seekers Under the Americans With Disabilities Act
Press Release

RELEASE: New CAP Report Outlines How To Increase Protections for Disabled Asylum-Seekers Under the Americans With Disabilities Act

Washington, D.C. — Today, the Center for American Progress published a new report examining how existing disability civil rights protections can ensure that disabled asylum-seekers have access to the protection and services they need throughout the immigration process. The authors detail how the government can apply protections, using the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973, for disabled asylum-seekers and eliminate the barriers disabled children and adults face when they apply for asylum.

The report provides an overview of the difficulties adults and children with disabilities face in accessing asylum, the legal issues at the intersection of immigration and disability, and the treatment of unaccompanied children with disabilities. The ADA and other legal tools can be used to reform current immigration detention practices to address the unique challenges disabled people face when seeking asylum.

“The U.S. Department of Justice, the U.S. Department of Homeland Security, federal policymakers, and immigration lawyers should take note of the evidence of discrimination and the unique challenges disabled asylum-seekers face as their protection claims are considered,” said Mia Ives-Rublee, director for the Disability Justice Initiative at CAP. “The ADA could contribute to the potential for building an immigration system that affords disabled asylum-seekers both dignity and due process as they seek humanitarian protection.”

Read the report: “Crossing the Border: How Disability Civil Rights Protections Can Include Disabled Asylum-Seekers” by Trinh Q. Truong, Emily DiMatteo, and Mia Ives-Rublee

For more information or to speak to an expert, contact Julia Cusick at jcusick@americanprogress.org.