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Michigan Legal Issues Blog

What the Miranda warning means for immigrants

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.

What is credible fear?

To say immigration law is complicated is an understatement. There are many categories for entry and the right to stay in the country legally—just as there are many cases where deportation occurs. One term that comes up is “credible fear.” At its core, credible fear means that an immigrant’s safety is in jeopardy if they return to their home country.

Of course, there are many different definitions when it comes to threats and security. When war ravages a country, immigrants become refugees because their home is destroyed or their people are persecuted. However, there are domestic level safety issues as well, such as human trafficking, gang violence or domestic violence. Women and children are historically more vulnerable in these cases, where returning home might expose them to further harm.

Appeals court rules that children cannot be indefinitely detained

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.

Immigrants' rights in the United States of America

As most people know by now, immigration and issues regarding it have been getting a lot of attention for the last few months. With the new presidential administration has come a renewed sense of fear and uncertainty for immigrants of all kinds.

Fortunately for everyone in the United States, every person in the nation has constitutional rights, even if they are not a legal resident or citizen. As immigration continues to be an important topic, it is very important that all people know their basic rights.

Concerned about being detained by officials? It helps to prepare.

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.

Criminal offenses that may get you deported

Contemplating your future in the U.S. may leave you wrought with fear and anxiety. Criminal charges are serious for anyone but become even more serious when your legal status is in question.

If you are currently going through the immigration process, matters will complicate further and is why you will want to speak with an attorney rather than attempt to handle the defense on your own-especially because there are a number of offenses one can be charged with that pose a threat for deportation. The following are categories for deportable offenses.