ACLU files lawsuit to help six indigent, mentally ill immigrants who are facing deportation

From The Associated Press:

LOS ANGELES — Six mentally incompetent immigrants facing deportation have been trapped in an arbitrary limbo for months and even years because there is no way to identify them or get them legal help for detention and deportation hearings, according to a lawsuit filed August 2.

"We think those things are basic constitutional requirements," said Ahilan Arulanantham, director of immigrant rights and national security for the ACLU of Southern California.

The six indigent, mentally ill plaintiffs in the lawsuit include Jose Antonio Franco-Gonzalez, 29, who has moderate mental retardation and is unable to represent himself, who was held by the Department of Homeland Security for five years because his case was put on hold by those who questioned his mental abilities.

He and Guillermo Gomez Sanchez, 48, were released in March, three days after the ACLU filed the original complaint in this case.

In petitions for the release of the two men, attorneys said their cases exposed a "black hole" allowing authorities to hold mentally ill immigrants for years without having to explain themselves to a judge or anyone else.

"There needs to be fairness for people with serious mental disabilities. The government should provide evaluations to test their mental competence and appoint lawyers who can represent them. If cases are going to be delayed for very long periods, they should hold release hearings to address that," Arulanantham said.

No one knows exactly how many mentally ill immigrants are caught in the bureaucracy, he said. But if an estimated 380,000 people go through the system each year and 2 percent to 5 percent are mentally ill, there could be as many as 19,000, he said.

The problem: no one is counting, Arulanantham added.

The suit names the Attorney General, the Executive Office of Immigration Review, Homeland Security, and U.S. Immigration and Customs Enforcement.

Virginia Kice, a spokeswoman for ICE in Southern California, said she couldn't comment on pending litigation.

"This administration has made crystal clear its commitment to implementing comprehensive reforms to ICE's detention system. That process is ongoing and we're working closely with non-governmental organizations and immigrant rights advocates on that effort," she said.

The other agencies did not return calls.

Besides those who are held indefinitely, there are those who were detained, deported and forgotten, attorneys claim.

"There is no way to identify those who suffer. If a minor enters the system, there are all kinds of efforts made to identify his age, his parents, if he can represent himself. But if you are suffering from delusions and you think God is talking to you in your right ear, there is no one to help you. You may just languish in the system," said Michael Steinberg, with the law firm Sullivan & Cromwell, part of the lawsuit.

There is also a difference between being competent to stand trial and competent to represent yourself in court, Arulanantham said.

"You can be competent enough to stand trial with the assistance of an attorney but not competent enough to represent yourself. The Supreme Court recognizes this," he said.

"People who are so ill they think they are on Mars are not competent to go to trial at all," Arulanantham said, although that isn't addressed in the lawsuit. Once they are identified and they have lawyers, that can be determined. "But you can't even get to that point if you don't have a hearing," he said.

Arulanantham said the government has been aware of the problem for some time and should fix it before the court rules.

For Franco-Gonzalez and his family, the suffering has already lasted for years, Arulanantham said.

Franco-Gonzalez is one of 12 siblings. His parents and 11 of his brothers and sisters are in the United States legally. With an IQ of less than 55, he functions as a 2-year-old might, unable to tell time or tell anyone his age.

After he pleaded guilty to assault with a deadly weapon in criminal court, he was turned over to immigration authorities and a judge ordered a psychiatric evaluation. The psychiatrist told the judge it was impossible for Franco-Gonzalez to stand trial so the judge closed removal proceedings.

In March, because of the ACLU petitions, he was released to his family with a number of conditions, including electronic monitoring. His next court hearing is Sept. 17.