• News
  • Celebrities
  • Finance
  • Crypto
  • Travel
  • Entertainment
  • Health
  • Others

Further explanation of federal board decision denying immigrants advisal before questioning

MahurinImmigration_Thumb_2623.jpg
MahurinImmigration_Thumb_2623.jpg

On Tuesday, TAI reported that the Board of Immigration Appeals (BIA), a body that is part of the U.S. Justice Department, made a decision on August 11 arguing that federal regulations do not require that immigrants arrested without a warrant have to be notified of their rights before being questioned. That decision was made by a panel that consisted of two George W. Bush-era appointees and one Clinton-era appointee.

The BIA currently consists of 14 judges appointed by the U.S. attorney general (without U.S. Senate confirmation) that exists within the Executive Office for Immigration Review in the Justice Department. The August 11 decision was issued by a panel of three BIA members, which comprised of two members appointed by Bush-era attorneys general (one by John Ashcroft and one by Michael Mukasey), and one appointed by Clinton administration Attorney General Janet Reno. The decision was written by Roger Pauley, the Ashcroft appointee.

The decision comes at a time when immigrant rights groups have criticized the Obama administration for harsh immigration enforcement efforts, a practice inherited from the previous administration which escalated deportations over the course of the 2000s.

The issue at the heart of the BIA’s decision is timing. Federal immigration officials are constrained by the Fourth Amendment and the Due Process clause of the Fifth Amendment, as well as by the Immigration and Nationality Act and federal regulations. Regulations provide certain protections to immigrants which are not in the Constitution, among which is the requirement that federal officials notify immigrants of their rights to obtain an attorney (not at the government’s expense) and that anything they say will be used against them, before they are placed in formal deportation hearings.

The time period between when an immigrant is arrested by the authorities without a warrant — for example, during a workplace raid, or while federal officials are entering a house or workplace with a warrant for some reason other than arresting the immigrant — and when they are placed in deportation proceedings has been a gray area as far as the immigrant’s specific rights are concerned. Before the August 11 decision, the federal regulation dictating the timing of rights advisal had been interpreted in conflicting ways by different courts. Immigration lawyers argued that advisals should occur before questioning, and two federal appeals courts, the Second and the Eighth, have agreed. In 2009, however, the Ninth Circuit argued that the language of the regulation implies that notifications don’t have to precede questioning.

The Ninth Circuit has a jurisdiction that covers two of the states with the largest proportions of unauthorized immigrants in America, California and Arizona (according to the Pew Hispanic Center), so its opinion on this matter carried some impact. But with the Justice Department’s own appellate body weighing in on the side of the Ninth Circuit, decreased protections for immigrants arrested without warrants could become a reality throughout the entire nation.

One important caveat is that current U.S. Attorney General Eric Holder can still vacate the BIA’s decision, an action that is rare but was recently done in the case of a man who wished to stay in the country with his male partner but whose deportation was upheld by the BIA under the Defense of Marriage Act. Whether Holder wishes to intervene and override the BIA panel, none of whose members were appointed by Holder, in an effort to preserve legal protections for immigrants remains to be seen.

Discussion & Comments (0)

    Recent Articles

    • Things You Should Know about North America

      Things You Should Know about North America

      Get to know more about North America.

    • Eurovision 2010 Paula Seling Unpredictable Contest

      Eurovision 2010 Paula Seling Unpredictable Contest

      Paula Seling's experience on the Eurovision stage led her to declare that "Eurovision is an unpredictable contest". Which may explain the success of the young Lena from Germany, about whom the predictions before the event did not offer much chances for victory.

    • VIPRow.me - The Best Sports Streaming Website Today

      VIPRow.me - The Best Sports Streaming Website Today

      Have you ever contemplated creating a user-friendly site dedicated to sports-related free live streaming channels?

    • Learn How To Download, Install, And Use The Xnxubd 2022 Frame App

      Learn How To Download, Install, And Use The Xnxubd 2022 Frame App

      XNXUBD 2022 Nvidia users are able to watch thousands of videos and other contents online. XNXUBD 2022 Nvidia New is a piece of software that enables people to watch videos online without having to pay for memberships. On a graphics card, the XNXubd also provides some of the best gaming and virtual reality experiences.

    • Xvideostudio Video Editor Apk Free Download For Pc Full Version In 2022

      Xvideostudio Video Editor Apk Free Download For Pc Full Version In 2022

      A new edition of the Video Editor Apk for xVideostudio.Video Studio has all the latest features, including support for multiple video download formats in HD, FHD, and even 4K resolutions.

    • 9 Best Lotion For Masturbation - Popular Choice For 2022

      9 Best Lotion For Masturbation - Popular Choice For 2022

      Masturbation is a common activity for men and women. It's a natural and risk-free way to explore your body, experience pleasure, and release sexual tension.

    • Reasons Why You Need To Stop Watching Movies From Sflix

      Reasons Why You Need To Stop Watching Movies From Sflix

      Without having to sign up or pay anything, you can watch movies online for free with SFlix. It has more than 10,000 movies and television shows.

    • Coi Leray Mom And Dad's Family History & Wife, Explained

      Coi Leray Mom And Dad's Family History & Wife, Explained

      Coi Leray Collins (born May 11, 1997) is a rapper from the United States. Leray started publishing songs to SoundCloud in 2014, and in 2018 she released her breakthrough track "Huddy" as well as her first mixtape, Everythingcoz.

    • Listen And Download Music On MyFreeMP3 For Free

      Listen And Download Music On MyFreeMP3 For Free

      Are you in a bind and looking for a place to obtain free mp3 songs? Never again will you need to bother, since this article has everything necessary to obtain your solution. Download free music from MyfreeMP3.com, one of the world's most popular websites.