Judge Dolly M. Gee, who presides over the Central District of California, in Los Angeles, made the decision after overseeing a class-action lawsuit that was brought forth in 2010 by the American Civil Liberties Union and other advocacy groups. The case stemmed from plaintiffs such as Jose Antonio Franco Gonzalez, who was detained for over five years following his deportation case being closed due to his 'severe mental retardation', which prevented him from arguing his case for himself.
Federal immigration has since issued a new policy that will expand the California ruling across the whole of the nation. It will make government-paid legal representation available for any and all immigration defendants who cannot provide themselves with proper defense. Given the current move, the police seems to indicate the Justice Department agreeing with the general decision of Judge Gee.
“It is the first step in recognizing that, given the complexity of our immigration laws, it is not appropriate to force a vulnerable population through the system without appointed counsel,” Laura L. Lichter, president of the American Immigration Lawyers Association, said Wednesday.
According to Ahilan Arulanantham of the American Civil Liberties Union Immigrants' Rights Project, the federal government “has long taken the position that it does not have to provide representation for anyone in immigration court and that has now been rejected by the court.”
“With counsel, these mentally disabled immigrants will not only have the chance to present their best cases on why they should not be deported,” said Michael H. Steinberg, a lawyer at Sullivan & Cromwell who worked on the case as a volunteer. “They will also have a chance to fight for release under bond.”
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