Judge Dolly Gee, of federal court for the Central District of California, in Los Angeles, recently ordered that courts in California, Arizona and Washington have to offer bail hearings for immigrants with mental disabilities who have been detained for more than six months. According to The New York Times, Gee said she wants the order to go into effect immediately, as most of the mentally disabled individuals were not able to fairly participate in their initial hearings, and many of them are currently exposed to "prolonged detention without adequate representation."
One of the immigrants that was a driving force behind multiple lawsuits filed against the states' systems is 33-year-old José Antonio Franco González. Franco was arrested and detained in April 2005 for deportation, and was sent to multiple detention centers throughout California without having any hearings to determine whether he posed as a threat or was mentally competent enough to face an immigration judge, according to the Times. Franco does not know his age, cannot tell time nor remember any telephone numbers. He was forced to represent himself despite the fact that a psychiatrist determined he did not understand any of the proceedings. Shortly after the incident, a lawyer for the nonprofit group Public Counsel met with Franco to determine his next step as well as file the organization's initial lawsuit.
The court ruling will be a positive impact on affected individuals
Michael Steinberg, a lawyer at Sullivan & Cromwell who worked on the case as a volunteer, said Judge Gee's ruling will benefit a lot of people who have been ignored by the legal system for decades.
"With counsel, these mentally disabled immigrants will not only have the chance to present their best cases on why they should not be deported," he said. "They will also have a chance to fight for release under bond."
According to The Los Angeles Times, Franco was released after the lawsuit was filed and eventually ended up winning his deportation case. As a result, the lower court offered bail hearings for all other immigrants whose detention surpassed six months. There has been some backlash regarding the ruling from officials who believe that Judge Gee's decision "undermines public safety," however, supporters said there's no reason that the government should ever have the right to ignore the Constitution, the source reported.
Since Los Angeles bail bonds as well as other communities carry large price tags, it would benefit individuals who find themselves in this position to contact a California bail bondsman to determine their best options.
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