Federal court rules Miranda rights don’t apply to civil immigration arrests
Miranda rights are the product of the 1966 Supreme Court decision in Miranda v. Arizona, in which the court ruled law enforcement could not use statements by defendants against themselves while in custody unless they were first informed of their rights to a lawyer and against self-incrimination.
By The Center Square Staff
Published: November 28, 2023 11:00pm
Apanel of the Ninth Circuit Court ruled Miranda rights don’t apply to warrant-backed civil immigration arrests, holding up an order to deport a Mexican citizen who had argued he was coerced into admitting his illegal status under an administrative warrant. Miranda rights are the formal warning given by law enforcement to individuals in custody of their right to silence and an attorney.
In a unanimous, three-judge decision, the Ninth Circuit panel affirmed earlier rulings by an immigration judge and the U.S. Board of Immigration Appeals by rejecting Jose Maria Zuniga De La Cruz’s appeal to the court.
“The panel observed that this court has long held that the substantial distinctions between a civil deportation proceeding and a criminal trial make Miranda warnings inappropriate in the deportation context. Zuniga asked this court to forge an exception, arguing that because he was arrested pursuant to an administrative warrant, his un-Mirandized statements should have been excluded,” wrote the court in its judgment. “The panel rejected that contention, explaining that Zuniga’s focus on the warrant was misplaced because it is the nature of the proceeding (criminal vs. civil), and not the nature of the arrest (warrantless vs. with a warrant) that is relevant.”
https://justthenews.com/nation/states/center-square/federal-court-rules-miranda-rights-dont-apply-civil-immigration-arrests
