Anyone who has ever watched a cop show on TV knows how Miranda rights work. After a suspect is apprehended, the arresting officer alerts that person to his or her rights—specifically, the right to remain silent and the right to legal counsel. The warning protects suspects from incriminating themselves and the state from later introducing inadmissible evidence.
Easy enough, right? Well, it's never been that simple for immigrant noncitizens, whether they're legal permanent residents or undocumented. When noncitizens are arrested by, say, local law enforcement, they are read their rights like anyone else. But when they're picked up by immigration officers (Border Patrol or Immigration and Customs Enforcement agents), there are separate but similar Miranda-like procedures those officials must follow.
At least, there used to be. On August 11, in a surprising and precedent-setting decision (PDF), the country's highest administrative tribunal on immigration decided that noncitizens arrested without a warrant do not need to be read their rights until after entering formal deportation proceedings—that is, until well after questioning by immigration officers. From the Board of Immigration Appeals (BIA) decision:
Until an alien who is arrested without a warrant is placed in formal proceedings by the filing of a Notice to Appear (Form I-862), the regulation…does not require immigration officers to advise the alien that he or she has a right to counsel and that any statements made during interrogation can subsequently be used against the alien.
[Read more in the MoJo blog]
