» Right to Counsel Compromised When Aliens are Arrested Without Warrant

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
Phone: 972.233.6200

[mappress mapid="46"]

  • USCIS Alters Policy on When Unlawful Presence Begins for Certain Nonimmigrants
    On May 11, 2018, U.S. Citizenship and Immigration Services (USCIS) announced a policy change regarding when nonimmigrant exchange visitors and students will start to accrue unlawful presence. As background, a nonimmigrant who remains in the United States longer than the stated date on their Form I-94 by more than 180 days is barred from obtaining ...
  • The Congressional Research Service report on the President’s use of National Guard at the border
    President Trump issued a memorandum on April 4, 2018 announcing his decision to deploy the military to the United States-Mexico border to help fight illegal immigration as well as to combat drug trafficking and gang activity. He directed the Attorney General and the Secretaries of Defense and Homeland Security to mobilize the National Guard to ...
  • Despite obstacles, FY2019 H-1B demand remains high
    The U.S. Citizenship and Immigration Services (USCIS) announced on April 6, 2018 that it has reached its 65,000 annual cap for H-1B visas for upcoming FY2019, just five days after the H-1B filing season began on April 2, 2018. USCIS received approximately 190,000 FY2019 H-1B petitions, down only 9,000 from FY2018. USCIS also received enough ...

See other news sources publishing this article. BETA | Tags: , ,



Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required