"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.
