Reuters
September 25, 2015
Hundreds
of mentally disabled immigrants ordered deported after having to
represent themselves in court will get a chance to contest their
expulsion with help from an
attorney under a settlement approved on Friday, a civil liberties group
said.
A
federal judge in Los Angeles, Dolly Gee, signed off on the settlement,
which stems from a class-action lawsuit brought against the U.S.
government in 2010, the American
Civil Liberties Union of Southern California said in a statement.
An
estimated 900 immigrants from various countries, mostly in Latin
America and Asia, who received deportation notices could seek permanent U.S. residency under the settlement,
said Carmen Iguina, an ACLU attorney who worked on the case.
An
unspecified number of those individuals were ordered deported but have
remained in the United States with their cases on appeal.
The
negotiated agreement between the ACLU and the U.S. Justice Department
followed a 2013 ruling by Gee that immigrants with serious mental
disabilities have a right to
legal representation in deportation proceedings.
"It
was a huge victory, truly a landmark ruling, and we're very happy that
our class members were no longer going to be forced to stand alone in
court," Iguina said.
A
spokeswoman for U.S. Immigration and Customs Enforcement referred
questions on the settlement to a Justice Department official, who could
not immediately provide comment.
The
lead plaintiff in the case, who has been allowed to remain in the
United States, had originally been expected to represent himself in
court even though he had the
mental capacity of a child and could not dial a phone, Iguina said.
The
plaintiffs originally had their immigration cases heard in California,
Arizona and Washington state but the government has agreed to provide
competency evaluations
and screenings for immigrants nationwide to determine if they are
eligible for legal aid, Iguina said.
Not
all the hundreds of members of the class will necessarily win the right
to reside in the United States. But most will be able to present their
case with assistance
from an attorney and in some instances the U.S. government will pay for
their travel back to the country, Iguina said.
For more information, go to: www.beverlyhillsimmigrationlaw.com
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