Does ICE Need to Read Miranda Rights to a Detainee?

Anyone who has watched a U.S. police show knows about Miranda rights. Based on a 1966 U.S. Supreme Court ruling, anyone who is being questioned by the police for a crime must be told of his/her 5th Amendment rights. If the police fail to read these rights to you before you are questioned, then chances are the evidence gathered at the interview could possibly be tossed out of court. These rights include:

  • The right to remain silent
  • The knowledge of knowing anything said during questioning can be used against you in a court of law
  • The right to an attorney
  • And if you can’t afford an attorney, one will be provided for you

But what about being detained as an immigrant? Do Immigration and Customs Enforcement agents need to say these rights before taking an immigrant into custody?

Surprisingly, no, ICE does not need to read you your Miranda rights when being detained. But that doesn’t mean these rights do not apply to you.

Although illegal immigrants may have been told they don’t have rights since they are in this country illegally, this not true. According to the 14th Amendment, all people in America, including illegal immigrants, have the right to due process – this means you cannot be deprived of “life, liberty or property” without a fair trial, as described by the 5th Amendment.

If ICE agents are banging on your door, it’s important to know your rights. This means that you should know whatever you tell them can be used against you. Knowing this, you don’t have to tell the agents whether you are in the country illegally. Yes, you can stay silent. You have the right to hire an attorney. And you have the right to have an attorney provided for you if needed.

If your loved one is being detained by ICE and you need an immigration bond, then we are ready to help you. Contact the Houston immigration bondsmen at Freedom Federal Bonding Agency today and get your loved one free. Hablamos Espanol.

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