Aliens waive all rights?

Question

as per the visa waiver form that all visitors have to sign when entering the USA.
If for whatever reason this "alien" stays in the country and are caught, then this person has no rights whatsoever. No Phone calls. nothing.
Is this legal according to humanitarian and human rights?

Some great replys some not knowledgable but on the whole am lovin it.
Bottom line I am a european citizen and was deported for overstaying here in the us. My partner a US citizen (we were married at the time of deportation 5 years) (now 10) moved back to europe with me. The deportation period was disgusting behavior coming from a supposedly civilized country. As an illegal alien you have no rights in the US of A. I paid for my own ticket to leave the states and was cheated in the paperwork. You are forced to wear deportee clothing and you are forced to take a medical. Failure to do so you are then threatened with solitary confinement with no hope of getting out of there or even getting a hearing. So you are forced to do everything they wish.
My wife and I are now back and with the proper documentation. This did cost alot and if my wife was not american I would not have bothered returning here.
Immigration is one of the biggest scams in the country.

Answer 1

Get caught in some other countries---and you'll be glad you were caught here, Very glad.

Answer 2

There are two different answers to your question.

The first regards the visa waiver form and your rights at the moment you are entering the United States. At that moment, which is defined as the time from when you physically entered the United States until a legally authorized representative of the United States (that would be what used to be known as either INS or Customs, now Customs and Border Protection) admits you to the US. Until a CBP Officer legally admits you, you are not entitled to the civil rights that most Americans associate with the legal system. You have no right to an attorney, you have no right to a phone call other than to the consulate or embassy of your home country (although one is usually granted), you have no right to appeal the decision of an immigration officer. This does not mean that you will be abused or you will be deprived of your humanitarian rights. You will still be fed, given medical attention if needed, and any other needs will be attended to. You are only waiving your rights to appeal the decision made at the Port of Entry, not at any other time. In exchange for waiving this right, the US is waiving the requirement that you get a visa.

The important thing to remember is that your rights are based on what you are charged with. Since the vast majority of immigration violations at the Ports of Entry are dealt with in an administrative and not criminal way, you are not entitled to your Miranda rights that Americans associate with being arrested.

The second part of your answer is regarding your rights once you are caught inside the United States after violating immigration laws. In that case, you do have more rights. You have the right to plead your case before a judge, you have the right to appeal the decision, and you have the right to be represented by an attorney. You are still held in the custody of the US government (you have already demonstrated that you will not do what the law requires you to do). While you are in the government's custody, you can be mandated to wear a certain uniform, just like any other prisoner of the criminal justice system. You are also allowed to make phone calls (although not unlimited and you must pay for them). You will receive medical care, food, and any other things that you require. It appears that maybe you expected to be treated better than other prisoners in America and were surprised that you were not.

Keep in mind that Immigration Laws are just that - laws. That means there are legal repercussions if you violate those laws. Also, while America and American immigration laws may not be perfect (and I doubt you will find anyone who says they are), you did elect to come here over staying in whatever country you came from. Clearly there must be some quality about this country that attracted you here instead of attracting your wife to your country.

Answer 3

I think what James is discussing is if you are being tried for a crime other than overstaying. I believe deportation of someone who has overstayed doesn't trigger many rights. The privilege of being able to visit is merely withdrawn. However, I think the waiver is to make sure you understand you could be deported summarily. What calls etc. you may actually afforded may be more. There are circumstances where you wouldn't be entitled to much in that situation, however. Deporting a foreigner back home isn't considered the same as sentencing them to jail, as I understand it.

Why, do you plan on breaking the law and overstaying?

Answer 4

Even with that wording, we don't have the right to deny food, medical attention, or hurt them without cause. That is actually covered under International Law, and not American law for which it represents.

You have to be clear when it comes to rights. It is because of civil rights that so many services are offered, and better than Americans, because once you give one right you go back to having to give them all rights. It's very simple - either your a citizen or your not. Motive isn't an element of the crime. In all honesty, how is a lawyer going to prove something they can't?

But they are allowed lawyers at their own expense. The Supreme Court has ruled on their rights. The point I believe is to convey they are here illegally and do not have to rainbow of rights that we do - and they are trying to suppress and take away from us.

Answer 5

The visa waiver has nothing to do with waiving legal rights. It is a waiver of the US visa requirement for people of certain nationalities under certain circumstances, that's all.

And yes, if you break immigration law, you will be treated like a lawbreaker, a criminal, just as if you had robbed a bank or hurt someone deliberately. If you don't like being arrested, jailed, and deported, then comply with ALL the laws of your host country, not just your favorites.

Answer 6

Of course this violates all forms of 'humanitarian rights'. They trouble is that some governments (all, I suppose, at one time or another) violate these mortal codes of civic conduct regularly without regard for one person's individual liberty.

Laws are often used as cruel things, exclusionary weapons to form an ordered world in the vision of the nervous people who designed it.

Answer 7

i think when a non-immigrant enters our country on the visa waiver program and violates his status, even though he waived his rights, certain cercomstances should spply. for one, reasons they did not return to their country, two, I think the country from wich they came should have a big influence on rights, for instance, we dont get many terrorists out of portugual! also even though they waived their rights to go before an immigration judge and fight admissability at the border or deportation, i dont think that should waive their rights to voluntary departure or to a custody hearing. if the alien is not fighting deportation, and they are not considered a danger to the public, why should they be put in mandatory detention?

we as american tax payers complain constantly about illegal immigration costing us tax payers millions of dollars. it costs $67.00 or more a day for a detained alien in deportation proceedings. they are refused to post bond, and families are denied to pay for the airline ticket because its not fair to other detainees that have been there longer than their loved one.

i am talking from expierence, i am born and raised a us citizen, ive been married to my husband 14 years and he is from portugual. my brother in law came on a visa waiver and overstayed because my husband was critically injured in an explosion at work when he was cutting an oil drum and had 80% of his body burned 2nd and 3rd degree. he has been taking care of his brother and our 2 sons for 2 years and i was able to go work full time.

my brother in law has been detained for 5 weeks now and is awaiting removal without going before a judge, the immigration personnel at his detention center which is in another state denied us paying for the airline, we were denied putting up a bond for custody, I was called a lier and accused of people like me causing this officer to have his heart attack 2 years ago. i walked out of there in tears and he was laughing!!

visitation is behind a glass wall and you have to talk on a phone, you must take off all earings, neckleces, rings, etc. they are brought in in handcuffs and they bring them down for visitation when they see fit. i waited in line 50 minutes and waited in the visitation roon another 25 minutes, we basically had 10 minutes for visitaion that is only one and a half hours 2 times a week.

i think its horrible the way they are treated, inhumanitary, and against human rights for the family who are us citizens, and 2 small children that miss their uncle dearly. they talk to you like you an idiot and they are above you, and you cant get a straight answer from anyone. you constantly get two stories, ive been told he has a hearing coming up and then told he waived all rights to a hearing. the consulate told me to let my mother and father in law know he was treating him like his own son, 5 weeks later, still in detention.

i think america has to draw the line somewhere, we wouldnt appreciate a us citizen been treated like this in another country behind bars and treated like a mask murderer. overstaying a visa is a civil crime not criminal.

Answer 8

That may or may not be true, but if it is, it's kind of ridiculous. But, what's good is usually the aliens are merely deported to their country of origin, unless the country doesn't extradite (US does not, I believe).

Answer 9

No. Its not right.

There are some freedoms that are basic, especially if you are to be tried in the American Criminal courts.

You should be given those no matter who you are, or what you did.

Answer 10

if u illegal in mexico u are get rape ,rob and kill