ICE detainees are released

A mentally disabled man from Costa Mesa who was detained for more than five years by immigration authorities was released Wednesday, less than a week after the American Civil Liberties Union filed a federal lawsuit on his behalf.

Jose Antonio Franco, whose last name is listed as Franco-Gonzalez in court documents, was released to his family from Immigration and Customs Enforcement detention Wednesday afternoon.

Franco, 29, was arrested in 2004 and convicted of throwing a rock that cut a man’s face during a fight between two gangs.

A second man, Guillermo Gomez Sanchez, 48, was also released in San Bernardino to his family Wednesday.

“We are delighted that our clients are now home with their families,” said Judy London, one of Franco’s attorneys. “It’s bittersweet. It saddens us that it took the filing of a lawsuit to reach this result after they languished for five years.”

Franco, a Mexican immigrant who is the son of legal permanent residents, was set for removal proceedings by ICE when the case was closed.

A psychiatrist interviewed him and concluded he was mentally disabled and did not have the capacity to understand what was going on.

London said he has the mental ability of a child and cannot live without assistance.

He can’t tell time, use a phone or write, she said. Since his removal process was halted five years ago because of his disability, ACLU officials said he’d been in limbo, unable to leave custody and unable to appear in court to ask for a release.

That changed with a news conference Friday where the ACLU announced its federal lawsuits against ICE and the Department of Homeland Security.

“After a review of their custody status, medical conditions and assurances from their families, we believe their release from ICE custody is appropriate,” said Lori Haley, ICE spokeswoman.

The men will be electronically monitored and receive treatment at community health centers, ACLU officials said.