No Miranda Rights for Immigrants?

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The American Immigration Council on Friday challenged a decision by the Board of Immigration Appeals that immigrants who are arrested without a warrant do not need to receive certain Miranda-like warnings before being interrogated.

Under federal regulations, immigration officers must advise such noncitizens of the reason for their arrest, of their right to legal representation, and that anything they say may be used against them in a subsequent proceeding. Last August, however, the BIA ruled that these warnings are not required until after questioning has ended and charging papers are filed with an immigration court.

“As a matter of law and fundamental fairness, people placed under arrest should be advised of their rights before questioning, not after,” said Melissa Crow, Director of the American Immigration Council’s Legal Action Center.

The brief was joined by the American Immigration Lawyers Association, the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, the National Immigration Law Center, the National Immigration Project of the National Lawyers Guild, and the Northwest Immigrants Rights Project.