Immigration and Customs Enforcement (ICE) frees a deaf Mongolian immigrant following prolonged detention, with no accessible interpreter provided.

Immigration and Customs Enforcement (ICE) frees a deaf Mongolian immigrant following prolonged detention, with no accessible interpreter provided.

Deaf Mongolian Man Released from Immigration Custody After Months of Solitary Confinement-Like Conditions

A deaf Mongolian man named Avirmed, who uses sign language, has been released from immigration custody in Southern California after months in detention. The man, who has a traumatic brain injury that causes seizures and memory loss, was reportedly left without an interpreter, leading to a situation equated to solitary confinement by his attorney.

Avirmed's attorneys, from the Disability Rights Legal Center and Disability Law United, argued that the Immigration and Customs Enforcement (ICE) and associated officials violated federal disability laws by failing to provide a Mongolian Sign Language interpreter. This lack of appropriate accommodation not only hindered his ability to understand and participate in proceedings but was equated to solitary confinement due to his isolation in communication.

The judge ruled that ICE violated his civil rights by not providing an interpreter, underscoring a legal requirement that individuals have the right to fully participate in significant proceedings through appropriate communication aids. Judge Dana Sabraw ordered officials at the Otay Mesa Detention Center to provide Avirmed with a Mongolian Sign Language interpreter on July 9.

Avirmed's family requested anonymity, fearing harm from the Mongolian government. His sponsor is his sister, who lives in Virginia. The reasons for Avirmed's release after being detained since February remain unclear.

Federal laws that protect access to interpreters for individuals with disabilities in immigration proceedings primarily include Section 504 of the Rehabilitation Act of 1973. This law mandates that all federal agencies, including immigration courts and enforcement agencies like ICE, provide accommodations to people with disabilities to ensure non-discrimination and meaningful access to the programs and services they offer.

In the case of Avirmed, immigration agents attempted to use Google Translate to communicate with him, leading to misunderstandings. A 2020 assault in Mongolia left Avirmed with a traumatic brain injury, and he was attacked because of his disability, according to court records.

Judge Sabraw ordered the federal government to redo two assessments that could have affected Avirmed's asylum request, as they were done in a language he did not understand. Holding immigration court proceedings without allowing Avirmed access to an interpreter was argued by his attorneys to violate his legal civil rights. ICE did not return a request for comment regarding Avirmed's release.

Wendy Fry writes for CalMatters, where this article originally appeared. The U.S. attorney's office for the Southern District of California did not comment on Avirmed's release.

1. The government in California requested anonymity for Avirmed's family, fearing potential harm from the Mongolian government.
2. Federal law, such as Section 504 of the Rehabilitation Act of 1973, requires immigration courts and enforcement agencies like ICE to provide accommodations to people with disabilities to prevent discrimination and ensure meaningful access to their programs and services.
3. Governor of California, among other political leaders, may address the issue of justice for individuals like Avirmed, promoting health-and-wellness and mental-health awareness in law, science, and government.
4. With the help of a Mongolian Sign Language interpreter, Avirmed is now free and able to live with his sister in Virginia, leaving behind the solitary confinement-like conditions of detention.
5. As the Senate moves toward passing the Moving Forward Act, which includes Expanding Equal Access in Public and Assisted Housing, the need for accessible health, mental health, and wellness resources for immigrants like Avirmed will become increasingly important in California and beyond.

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