Legal Representation For Illegal Immigrants
Start writing a post
Politics

You're Under Arrest

Do detained illegal immigrants have the right to legal representation?

171
You're Under Arrest
https://pixabay.com/en/defense-attorney-defense-lawyer-840062/

"Ewan O'Hara, you're under arrest." I watched, shocked, as my favorite T.V. detective, Juliet O'Hara from the crime comedy "Psych," arrested her older brother. "You have the right to an attorney," Juliet continued, "If you cannot afford an attorney, one will be appointed to you." After informing her brother of his Miranda rights, Juliet loaded Ewan into a police cruiser.

Miranda rights are the rights an arrested suspect has. These rights are mentioned in the 5th Amendment of the U.S. Constitution and include anything you say will be used against you in court, the right to remain silent, and the right to an attorney even if you can't afford one. Police officers are required to inform people of their Miranda rights when arrested.

But what about when illegal immigrants are arrested? Do Immigration and Customs Enforcement officers inform illegal immigrants of their Miranda rights? Do illegal immigrants even have the right to an attorney?

Yes and no. Illegal immigrants must be able to provide and pay for an attorney. However, if they can't afford one, the government doesn't give one to them. Since they are not U.S. citizens, they are not granted the same rights as U.S. citizens (including the right to an attorney). It is not uncommon for illegal immigrants to represent themselves at their court proceedings due to a lack of access to legal representation.

I remember when my mother first brought this issue to my attention. She was outraged on the behalf of illegal immigrants everywhere and blamed Obama and Trump for furthering a culture of fear. However, while the policies of the president plays a role, it is not the driving force behind why illegal immigrants don't always have access to an attorney.

The root of this issue is a result of affordability and logistic problems. Often, illegal immigrants cannot afford an attorney since they are not working while in the detention center. To help solve this problem, pro bono attorneys help represent illegal immigrants. Pro bono attorneys are lawyers who give legal services for free to people in need. Even with pro bono attorneys, who represent about half of all immigration detainee cases, illegal immigrants still face adversity.

Many immigrant detention centers are far from the cities where immigration attorneys work. As a result, the immigration attorneys who decide to take on the cases of illegal immigrants have to travel long distances to meet with them. While this may not be seen as a catastrophic problem, once at the detention center immigration attorneys must obtain permission from the government to enter the building. Once inside, they must wait for a long time before even seeing their client. While these problems may seem like small obstacles, they act as a deterrent for immigration attorneys who would otherwise be willing to represent illegal immigrants.

Illegal immigrants should not defend themselves alone. The United States was built on the ideas of equality and justice. What kind of country are we if we can't adhere to the ideas we were built upon? At their hearings, illegal immigrants sit before a judge and an opposing attorney, both who have studied the law for years. However, even with an attorney to represent them, there is no guarantee that illegal immigrants will stay in the U.S. after their hearing.

Despite this, what a great thing it would be for the United States to say that we have lived up to the ideas that our country was founded upon. What a great thing it would be for the citizens of the U.S. to say that our country enforced the law while ensuring that basic rights are guaranteed to everyone.

Report this Content
This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
houses under green sky
Photo by Alev Takil on Unsplash

Small towns certainly have their pros and cons. Many people who grow up in small towns find themselves counting the days until they get to escape their roots and plant new ones in bigger, "better" places. And that's fine. I'd be lying if I said I hadn't thought those same thoughts before too. We all have, but they say it's important to remember where you came from. When I think about where I come from, I can't help having an overwhelming feeling of gratitude for my roots. Being from a small town has taught me so many important lessons that I will carry with me for the rest of my life.

Keep Reading...Show less
​a woman sitting at a table having a coffee
nappy.co

I can't say "thank you" enough to express how grateful I am for you coming into my life. You have made such a huge impact on my life. I would not be the person I am today without you and I know that you will keep inspiring me to become an even better version of myself.

Keep Reading...Show less
Student Life

Waitlisted for a College Class? Here's What to Do!

Dealing with the inevitable realities of college life.

92333
college students waiting in a long line in the hallway
StableDiffusion

Course registration at college can be a big hassle and is almost never talked about. Classes you want to take fill up before you get a chance to register. You might change your mind about a class you want to take and must struggle to find another class to fit in the same time period. You also have to make sure no classes clash by time. Like I said, it's a big hassle.

This semester, I was waitlisted for two classes. Most people in this situation, especially first years, freak out because they don't know what to do. Here is what you should do when this happens.

Keep Reading...Show less
a man and a woman sitting on the beach in front of the sunset

Whether you met your new love interest online, through mutual friends, or another way entirely, you'll definitely want to know what you're getting into. I mean, really, what's the point in entering a relationship with someone if you don't know whether or not you're compatible on a very basic level?

Consider these 21 questions to ask in the talking stage when getting to know that new guy or girl you just started talking to:

Keep Reading...Show less
Lifestyle

Challah vs. Easter Bread: A Delicious Dilemma

Is there really such a difference in Challah bread or Easter Bread?

70917
loaves of challah and easter bread stacked up aside each other, an abundance of food in baskets
StableDiffusion

Ever since I could remember, it was a treat to receive Easter Bread made by my grandmother. We would only have it once a year and the wait was excruciating. Now that my grandmother has gotten older, she has stopped baking a lot of her recipes that require a lot of hand usage--her traditional Italian baking means no machines. So for the past few years, I have missed enjoying my Easter Bread.

Keep Reading...Show less

Subscribe to Our Newsletter

Facebook Comments