Document Type
Article
Publication Date
8-11-2026
Abstract
Since the enactment of the earliest migration laws in the United States, people with disabilities have been targeted for exclusion and expulsion based on stereotypes that they are either dangerous or not productive. Although some of the pejorative language regarding disability in the Immigration and Nationality Act (INA) has changed over time, certain statutory provisions and the very structure of the INA still allow ableism to operate broadly in immigration adjudications. This Article focuses on the subtle, but pervasive, ways that immigration law disfavors noncitizens with disabilities. In particular, this Article examines ableism in the context of removal (commonly known as “deportation”) proceedings, with a focus on two aspects: (1) the exercise of discretion in adjudicating requests for relief, and (2) determinations of whether a noncitizen’s testimony is credible. In removal proceedings, immigration adjudicators have broad discretion to grant or deny relief, even when a noncitizen has met otherwise stringent statutory requirements. For example, a refugee who cannot maintain steady work because employers do not provide adequate accommodations for his disability may fulfill all the statutory requirements for a defense from deportation, but ultimately may be denied relief if the immigration judge determines that he is not contributing enough to society due to his difficulties with employment. Likewise, manifestations of certain disabilities can also have an impact on credibility assessments, such as when a person’s disability results in their demeanor not conforming to what the adjudicator expects to observe during testimony. By focusing on discretion and credibility—two fundamental components of deportation cases—this Article reveals the extent to which ableism permeates even facially neutral aspects of immigration law and policy. It also proposes several paths toward eradicating ableism in removal proceedings.
Automated Citation
Tania N. Valdez, Deporting Disability, 2026 ULR 491 (2026).
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