Phase I of Plan to Provide Enhanced Procedural Protections to Unrepresented Detained Respondents with Mental Disorders

"EOIR announced its nationwide plan to provide enhanced procedural protections to unrepresented, detained respondents on April 22, 2013.  On August 15, 2013, EOIR began Phase I of its nationwide plan, in order to test aspects of the plan.  This document constitutes EOIR’s final guidance for Phase I of its nationwide plan.  Based on observations made during Phase I, EOIR may issue revised guidance in conjunction with further roll-out of the plan. ... This guidance sets forth principles by which Immigration Judges should assess competency within the context of EOIR’s nationwide plan to provide enhanced procedural protections to unrepresented, detained respondents with mental disorders.  As part of its ongoing commitment to provide such protections, EOIR also intends to issue a Notice of Proposed Rulemaking on this subject and, upon receipt and review of public comment, a Final Rule." - EOIR, undated.