DOJ Must Keep Giving Immigrant Legal Aid to Mentally Incompetent

The Justice Department must resume funding legal aid for the mentally incompetent at immigration proceedings throughout the US, a federal court ruled Monday.

Judge Amir H. Ali granted various immigrant legal advocacy groups a preliminary injunction against the US Department of Justice’s rollback of its National Qualified Representative Program. Ali, of the US District Court for the District of Columbia, ruled that the groups were likely to succeed on the merits of their Administrative Procedure Act claim that the decision to end the policy was arbitrary and capricious.

“The record shows no consideration of the interests of people found mentally incompetent to represent themselves by immigration courts,” Ali said.

The advocates sued the DOJ in May in response to the Executive Office for Immigration Review’s April announcement that the program would no longer be available nationwide. The program would then only remain available in Arizona, California, and Washington due to an injunction in a 2013 lawsuit.

The groups allege the DOJ’s rollback violated the Administrative Procedure Act, the Immigration and Nationality Act, and the Rehabilitation Act. They also alleged the move violates the Fifth Amendment as well as the doctrine established in Accardi v. Shaughnessy, that requires agencies to adhere to their own regulations, policies, and procedures.

The advocates argue they’ve been harmed by the rollback since they have no way to receive appointments for individuals deemed mentally incompetent. The groups are also losing out on funding from the program, which will require them to limit services and will hinder their ability to carry out their missions, they allege.

The aid groups also showed they’re likely to face irreparable harm since rolling back the NQRP directly conflicts with their missions, Ali said.

The DOJ’s motion to dismiss was held in abeyance with respect to the aid groups’ APA claims under the Immigration and Nationality Act, the Rehabilitation Act, and the Accardi doctrine, the opinion said.

National Immigrant Justice Center, Zuckerman Spaeder LLP, and Amica Center for Immigrant Rights represent the advocates.

The case is American Gateways v. DOJ, D.D.C., No. 1:25-cv-01370, 7/21/25.