Right to Counsel Compromised When Aliens are Arrested Without Warrant
Dallas, TX (Law Firm Newswire) September 22, 2011 – When an alien is arrested without a warrant, immigration officers are not required to advise the person arrested of the right to counsel or the right to remain silent. So holds the Board of Immigration Appeals in Matter of E-R-M-F & A-R-M decided in August 2011. Only after ICE files its Notice to Appear (“NTA”) with the Immigration Court do the customary advisories of the right to remain silent and right to counsel come into play. But an arrest without warrant under this decision leaves statements made in a subsequent interrogation as admissible in removal proceedings until the NTA is filed.
"The BIA decision that permits Immigration and Customs Enforcement (ICE) free rein to question aliens first and advise them later that they did not have to speak is fundamentally unfair,” said Dallas immigration attorney Stewart Rabinowitz, of the law firm of Rabinowitz & Rabinowitz, P.C. “This invites ICE to intimidate with impunity. All persons should be advised of the fundamental right to remain silent when faced with police interrogation." The holding flies in the face of fundamental fairness in American jurisprudence – that a person should know before answering that any statements made can be used against him or her and that he or she has a right to counsel before speaking, which is by now a basic concept in our law. “It just does not pass the sniff test,” says Rabinowitz.
Stewart Rabinowitz is President of Dallas-based Rabinowitz & Rabinowitz, P.C. Mr. Rabinowitz is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. To learn more, contact a Dallas immigration lawyer or Dallas immigration attorney at Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit http://www.rabinowitzrabinowitz.com.
Rabinowitz & Rabinowitz, P.C.
14901 Quorum Drive, Suite 580
Dallas, Texas 75254
- New I-9 is Now Available On Line
On November 16, 2016, USCIS advised that its new Form I-9 can now be downloaded and used by employers. The current I-9 version issued on March 8, 2013 can be used until January 17, 2017. After that date, the new I-9 must be used. Highlights on the newly revised I-9 include drop-down lists and calendars ...
- Land Port of Entry Nonimmigrants Can Make an Advance, Online Application
U.S. Customs and Border Protection (CBP) has made its Form I-94, Arrival and Departure Record, available online for travelers prior to their arrival at a land port of entry. This document is to be completed by foreign nationals entering the United States with nonimmigrant visas. Travelers entering the United States by land may now save ...
- USCIS Extends TPS for Nepal
On October 26, 2016, USCIS announced an extension of designation of Nepal for Temporary Protected Status, or TPS, in the United States for an additional 18 month period, effective from December 25, 2016, through June 24, 2018. According to USCIS, the extension permits Nepalese citizens to extend TPS status and employment authorization for this additional ...