Michigan Legal Issues Blog

Within the U.S. borders, every person has the right to due process of the law. As we stated in a previous blog post, many protections in the constitution apply to Michigan immigrants. This includes a fair trial and appropriate police conduct during criminal investigations.

One well-known part of due process is the Miranda warning, which you may have heard during an arrest in American crime dramas. This mainly describes the right to remain silent and the right to an attorney.

Immigration rights are a contentious issue in the United States. Individual rights are a key issue in most arrests, and that is no different when the charges are for illegal entry into the county. When children or minors are involved, it’s even more complicated.

A recent ruling by the U.S. 9th Circuit Court of Appeals in California has overruled existing laws about detaining minors. The decision begins with a 1997 lawsuit and was reexamined in court this year over the detention of a 16 year-old boy who had entered the country illegally. Instead of releasing him to mother in California, he was in custody for over one year. The ruling concludes that minors are entitled to a court hearing.

Given the comments made about immigration and undocumented workers in the months leading to the presidential election, it isn't surprising that individuals who have not completed the immigration process would feel fearful of work raids and deportations. While only time will tell if these searches will escalate in the next few months, there are things that you can do now if you are concerned about an unannounced visit by a representative from immigration or law enforcement.

You may not have control over what happens in the future, but you can control how you prepare for these events. Steps that you take now could make the difference in the outcome of a raid for you and your family.