If an illegal immigrant is arrested for a crime, should this person be read the Miranda Warning? remember, this person is not in The United States legally.
by 
Anonymous
ANSWERS: 9
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Where I live right now, there are many immigrants that come here illegally into the United States. As of right now, the Border Patrol does read the Miranda Rights, where it is applied respectfully. However, the US Customs and Border Protection have argued recently that the Border Patrol should not read the full Miranda Rights, or at least to restrict some sentences of the Miranda Rights. The responding arguments say that immigrants are the same as US citizens, while the petitioners' arguments say that they do not have full rights.
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I don't see why not. If for no other reason than to be a good example of how laws and society are supposed to work.
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I have wondered about that. The miranda warning tells people that are being put under arrest their rights. But somebody in the US illegally wouldn't have those rights. So why are they being read them? They should just be arrested and told you are being deported.
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I have wondered about that. The miranda warning tells people that are being put under arrest their rights. But somebody in the US illegally wouldn't have those rights. So why are they being read them? They should just be arrested and told you are being deported.
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I have wondered about that. The miranda warning tells people that are being put under arrest their rights. But somebody in the US illegally wouldn't have those rights. So why are they being read them? They should just be arrested and told you are being deported.
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I'd say yes. The reason I say that is that is the officer has no idea at the time of arrest if this person will see the inside of a courtroom or not. And if they do, will the judge rule in the criminal's favor or set them free because they were not told of their rights. I would error on the side of caution in this event.
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I think they should, because even though you say in one of your comments that you can know a person's immigration status on the spot, I beg to differ. US ICE has recently deported a US Citizen and another was in deportation proceedings and being held, because the immigration service itself could not figure out that these people were US Citizens. US Citizens are not required to carry proof of citizenship, and there are too many people with same names and birth dates and other human error in the entry of data into databases. If the police don't mirandize EVERYONE they arrest, then they run the risk that the information they had on the individual's status was incorrect, and could potentially cause a criminal to go free on a technicality.
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Si Translation=Yes
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Question: If an illegal immigrant is arrested for a crime, should this person be read the Miranda Warning. Answer: Yes. Miranda applies to custodial interrogations. When a person is placed under arrest, that person is "in custody." Prior to asking the arrested person any questions, the law enforcement officer should advise the arrested person of his/her rights to remain silent and to the assistance of counsel. If law enforcement officers fail to advise the arrested person of these fundamental rights secured by the Constitution, any unwarned statements made by the arrested person may be suppressed upon proper motion. In other words, unwarned statements cannot be used against the arrested person at his/her trial. The Due Process and Equal Protection clauses of our federal constitution apply to all persons within the United States, including aliens, whether their presence is lawful, unlawful, temporary, or permanent.
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