Mississippi seeks to derail federal suits over mental health
Legal Events
The U.S. Justice Department overreached in suing Mississippi over its mental health system, the state’s solicitor general has argued to a federal appeals court.
A Justice Department attorney countered that there’s ample precedent to show the department has the power to enforce the Americans with Disabilities Act.
A three-judge panel of the 5th U.S. Circuit Court of Appeals heard arguments Wednesday in New Orleans. The Northeast Mississippi Daily Journal reported that judges on the conservative court appeared receptive to limiting the Justice Department’s role.
A ruling against the department could ultimately push the issue to the U.S. Supreme Court in a case that could have nationwide implications.
The federal government issued a letter in 2011 saying Mississippi had done too little to provide mental health services outside mental hospitals. The Justice Department sued Mississippi in 2016.
U.S. District Judge Carlton Reeves ruled in 2019 that Mississippi had violated the ADA by having inadequate resources in communities to treat people with mental illnesses.
Evidence showed people were repeatedly admitted to state hospitals for lengthy stays, only to later return to the hospitals without long-term improvement.
Mississippi Solicitor General Scott Stewart — the same attorney who argued an abortion case before the U.S. Supreme Court that overturned Roe v. Wade — told the appeals panel Wednesday that since Reeves’ ruling, the state has improved its mental health system. Stewart said limiting the federal government’s ability to intervene is important because lawsuits can cost states thousands of dollars.
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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists
U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.
The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.
TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.