No Miranda Rights for Aliens

The Board of Immigration Appeals recentely ruled that immigrants are not entitled to advisal of Constitutional Rights for purposes of immigration proceedings, until they are placed in actual removal proceedings. This means that when an ICE agent detains an immigrant, he or she is not required to read the immigrant Miranda-like warnings prior to questioning. You can find the BIA decision in Matter of E-R-M-F & A-S-M-, 25 I&N Dec. 580 (BIA 2011).

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