Im asking this question again because i asked it wrong the first time. If somebody that is not a citizen of the U.S. and gets arrested, does that person still have the same rights as an American? (Miranda rights, etc.) please list sourses if any. thanks again.
2007-04-12 05:45:11 · 11 answers · asked by Rico 2 in Politics & Government ➔ Immigration
Yes, they are gauranteed Miranda rights and due process of law.
2007-04-12 05:53:27 · answer #1 · answered by coqueto 3 · 0⤊ 2⤋
When a police officer arrests an illegal alien for committing a crime in the USA (other than entering the US illegally, or living here illegally, both of which are federal CRIMES), the officer will read the illegal alien his/her miranda rights.
If the person arrested cannot prove they are a citizen of the United States, at some point federal agents for Immigration Control and Enforcement will get involved, at which point the illegal alien is subject to deportation on federal immigration violation (if they were arrested for a misdemeanor or minor offense), or held in custody for trial in the case of felonies, or criminal offenses (like murder). At the end of the trial, that illegal alien is found "not guilty" or "guilty", after which the "not guilty" illegal aliens will be turned over to the Immigrations Enforcement and deported to their own country, and the "guilty" ones are sentenced, and put in prison, when they get out of prison they are turned over to Immigration Enforcement and deported to their own country for violation of federal immigration rules of law ( where they can commit crimes to their own countrymen all they want).
In the case of US citizens, the feds do not get involved in any way after arrest of a citizen, unless the law the citizen violated was a federal law. And only "Naturalized Citizens" can be deported. The US has the right to revoke US citizenship from any Naturalized Citizen (former immigrant) at any time, for violation of US laws.
2007-04-12 06:15:12 · answer #2 · answered by Anonymous · 0⤊ 1⤋
It depends on what they get arrested for, and where. But as a general matter, yes, if they're on American soil, they enjoy American criminal law rights. Of course, the devil is in the details. Bail is less likely to be granted because of the risk of flight. Moreover, the DA might drop the charges so that the prisoner can immediately be transferred into an INS detention facility, where a prisoner has fewer rights.
2007-04-12 05:55:25 · answer #3 · answered by bullwinkle 5 · 2⤊ 0⤋
i'm an anti and characteristic come to the top the U. S. authorities will do no longer something rather functional with unlawful immigration, or the criminal drug cartels, narco-terrorists etc etc etc. easily they're doing no longer something our way. both Bush and Clinton have ties to the drug cartels and our reps and congs bypass alongside with inspite of. that is on the point the position i'd like they legalize drugs on the federal factor and elements the states the authority to restrict or regulate as they see better healthy. the authorities won't ever do this both perchance because it ought to get rid of drug cartels, narco-terrorists, drug smuggling routes which go with the help of our neighborhoods in Texas. The Trans Texas street bears a reseamblance to the drug smuggling routes is being pushed on us and then we receives taxed for it. If someone receives a petition or inspite of it takes to get sucession from the Union going, i'd be between the first to leap in and paintings like loopy to make it take position. the U. S. has damaged their contact with that is voters. we are taxed without representation. i imagine we stand a probability of cleansing up our state, yet we can't clean up something of them. so that you want to characteristic to that record, "Anti ~ we are bored to death.
2016-11-23 14:47:59 · answer #4 · answered by incardona 4 · 0⤊ 0⤋
I would think miranda rights apply equally to all people being placed under arrest... just because they are illegal dont make them any more or less arrestees..
2007-04-12 06:10:16 · answer #5 · answered by Redeemed 5 · 1⤊ 0⤋
Not precisely. I am trying to remember the limits, but the 6th amendment is different.... due process is different, but due process is still necessary. I don't remember specifically about Miranda rights.
2007-04-12 05:53:19 · answer #6 · answered by DAR 7 · 1⤊ 0⤋
No you don't have the same rights. And it also depends on the type of crime you committed. I think that if you commit a felony and only have the Green Card. You get sent back to your country.
2007-04-12 06:10:37 · answer #7 · answered by MOJADA 2 · 1⤊ 1⤋
no those are rights for citizens and crossing the border is a felony. so instead of tying up the courts they just deport them.
2007-04-12 05:48:38 · answer #8 · answered by gsschulte 6 · 2⤊ 0⤋
Not sure. They do have the right to ask for an attorney at the embassy of their home country.
They do have the right to get deported!
2007-04-12 06:00:46 · answer #9 · answered by JessicaRabbit 6 · 1⤊ 1⤋
All criminal defendants in the US have the same rights regardless of their immigration status.
2007-04-12 06:05:37 · answer #10 · answered by grdnoviz 4 · 1⤊ 1⤋