Nation’s Highest Immigration Court Says Government Can Ask Questions First, Explain Right to Silence Later
By Ben Winograd, Immigration ImpactPublished: August 16, 2011
As any Law & Order enthusiast knows, when a criminal suspect is placed under arrest, no interrogation can begin until police recite the famous “Miranda” warnings required by the Supreme Court: You have the right to remain silent. Anything you say can be used against you. You have a right to have an attorney present. If you cannot afford an attorney, one will be provided for you.
But what happens when federal immigration officers take a noncitizen into custody?
According to a curious decision last week from the Board of Immigration Appeals, immigrants must still be informed of their (more limited) rights. However, unlike criminal suspects, who receive warnings before questioning starts, immigrants arrested without a warrant need not be advised of their rights until after their interrogation has ended—and formal deportation proceedings have already been initiated. READ MORE.
