Moore Questions Funds for Immigration Lawyers in Psychiatric Care

(MARYLAND) Governor Wes Moore is questioning the use of state funds to hire immigration lawyers for undocumented or underdocumented psychiatric patients in Maryland’s state hospitals, a practice that has sparked bipartisan concern amid a broader mental health capacity crisis.

As of October 11, 2025, state officials acknowledge the issue is under review after judges and lawmakers pressed the Maryland Department of Health to explain why legal spending on immigration issues is taking place while hundreds of citizens with mental illnesses wait in jail for hospital beds.

Legal Requirement and Department Position

At the center of the dispute is a longstanding legal requirement: Maryland law mandates aftercare plans for patients upon release from state psychiatric facilities, regardless of immigration status. The department argues that helping patients obtain documentation is part of crafting those plans, particularly for patients under court-ordered treatment who cannot safely leave without a verified plan in place.

The agency maintains that:

• Aftercare plans are step-by-step plans for medical care and community support after hospitalization and must exist before release.
• For undocumented or underdocumented patients, portions of those plans may require additional legal steps to verify identity or other records.
• Paying for immigration lawyers, the department contends, supports safe transitions to the community and reduces the risk of unlawful or unsafe releases.

This position, however, has met with skepticism from the executive branch and others in state government.

Numbers, Transparency, and Accountability

The health department has not disclosed detailed information about the legal engagements:

• Officials have not revealed how many immigration lawyers were retained, the terms of their engagements, or the total cost.
• The department has not provided a precise breakdown of immigration status across facilities.
• Publicly cited figure: roughly 140 undocumented or underdocumented immigrants in state psychiatric hospitals.

At the same time, there are “hundreds” of other Marylanders—including citizens—who remain in local jails waiting for a state hospital bed despite court orders requiring timely admission for treatment. This gap between legal obligations and available capacity has intensified the dispute between the judiciary and the executive branch.

“The lack of transparency around costs and outcomes is fueling calls for a full accounting from lawmakers and judges,” officials and observers say.

Political and Judicial Reactions

Key voices in the debate:

• Governor Wes Moore (D): Emphasizes the need to “follow the law” and “prioritize public safety,” calling for compliance with statutory obligations while demanding a sharper focus on clearing the waitlist for psychiatric treatment.
• State Delegate Matt Morgan (R): Questions the appropriateness of using taxpayer money for immigration-related legal services, arguing scarce resources should be directed to expanding bed capacity and staffing.
• Judge Joseph Michael: Critic of diverting resources to immigration lawyers, warning this does not add hospital capacity or ease the backlog of court-ordered admissions. He has found the state in contempt for failing to comply with timely admission orders.
• Defense attorney George Kirk: Argues the policy effectively prioritizes undocumented individuals over those legally ordered to receive treatment, raising equal-treatment concerns.

Judge Michael and others warn that occupying beds with patients who could be discharged sooner (if documentation hurdles were resolved) may delay treatment for people legally entitled to inpatient care.

Capacity Crisis and Human Impact

The broader capacity problem remains acute and has serious consequences:

• Judges have issued orders requiring admission of defendants found incompetent to stand trial or otherwise needing inpatient psychiatric care within defined timeframes.
• Contempt findings highlight legal consequences when court-ordered patients wait beyond required deadlines.
• People with serious mental illnesses are sitting in county jails—a setting ill-suited for therapeutic care—while conditions may worsen.
• Families report fear and frustration as court dates pass and treatment remains out of reach.
• Hospital staff are under pressure to serve current inpatients while preparing safe discharges that meet clinical and legal standards.

The decision to fund immigration lawyers adds complexity:

• Potential benefit: could help clear discharge bottlenecks for those who need documentation to leave safely.
• Potential downside: raises questions about whether the same funds might instead expand beds or hire staff.

Possible Paths Forward

Governor Moore’s team says it wants to reduce the waitlist while honoring legal requirements for release planning. Achieving that could involve parallel efforts:

1. Expand inpatient capacity (more beds and clinicians).
2. Improve patient flow through faster and more effective discharge planning.
3. Ensure any legal services paid by the state are tied to:
   • Statutory duties
   • Measurable outcomes
   • Transparent reporting

The administration has not yet released a detailed plan, though officials signal increased scrutiny of contracts, clearer reporting on costs and outcomes, and a renewed focus on capacity.

Stakes and Outstanding Questions

For the Maryland Department of Health, the stakes are both legal and moral:

• If the department fails to admit patients within court-ordered timeframes, it faces legal sanctions and erosion of trust with judges and families.
• If it releases patients without complete aftercare plans, it risks harm to patients and the community.

Key unresolved questions include:

• Is paying for immigration lawyers justified under Maryland law?
• Does that spending help, hinder, or distract from solving the deeper problem—a statewide shortage of psychiatric beds and services that affects everyone?

Calls for Transparency and Action

Critics continue to press for answers and reforms:

• Delegate Morgan has called for a full review of spending on immigration lawyers.
• Judge Michael has urged the state to prioritize opening more beds and hiring clinicians.
• Defense attorney Kirk stresses that court-ordered patients should not wait in jail because hospital resources were diverted.

As the debate continues, officials are signaling more scrutiny of contracts, clearer reporting on costs and outcomes, and a renewed focus on capacity. The crisis underscores a difficult reality: Maryland must meet its legal obligations to all psychiatric patients while ending the jail backlog for those under court order. How the state balances those duties will shape policy and public confidence in the months ahead.

Resources

• Maryland Department of Health (regulatory information and behavioral health program updates): https://health.maryland.gov
• VisaVerge.com (coverage and analysis on state-level immigration policy debates): VisaVerge.com (analysis notes policymakers often weigh statutory duties alongside service capacity when allocating funds for immigrant-related needs in healthcare settings)