Kristin Macleod-Ball

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Miranda-like Warning for Immigrants Argued in Ninth Circuit

Miranda-like Warning for Immigrants Argued in Ninth Circuit

Courts have long recognized that the Constitution requires police officers to inform arrested suspects of their rights—called Miranda warnings in criminal cases—before questioning them about crimes they are accused of committing. The risk is too great that a suspect who is not free to leave and is unaware of his rights would confess only due [...]

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New York City Pilots Free Legal Representation in Immigration Court

Written by on November 13, 2013 in Access to Counsel, Courts, Immigration Law with 6 Comments
New York City Pilots Free Legal Representation in Immigration Court

In criminal courts throughout the United States, the government provides defendants who cannot afford an attorney with a free public defender. In immigration courts, which are not part of the criminal court system, immigrants who are unable to hire a private attorney and cannot find a free legal service provider are forced to face off [...]

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ICE Detainers Continue to Target Immigrants with No Criminal Convictions

ICE Detainers Continue to Target Immigrants with No Criminal Convictions

This week, the Transactional Records Access Clearinghouse (TRAC) released a troubling new report showing that only about 10% of ICE detainers target “individuals who pose a serious threat to public safety or national security.”  Although the agency’s highest enforcement priorities are threats to public safety and national security, government data shows that, in recent months, [...]

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Will Due Process Protections Be Preserved in Senate Mark-Up?

Will Due Process Protections Be Preserved in Senate Mark-Up?

On Thursday, the Senate Judiciary Committee began its mark-up of Title III of S.744, the Border Security, Economic Opportunity, and Immigration Modernization Act. When the mark-up continues on Monday, Senators are likely to vote on amendments addressing immigration courts. These amendments will be crucial in determining whether the full Senate receives a bill that provides [...]

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Immigrants Deserve Basic Miranda-Like Warnings When Arrested

Immigrants Deserve Basic Miranda-Like Warnings When Arrested

As anyone who has watched an episode of Law and Order knows, police officers must give certain warnings to anyone placed under arrest, including that they have the right to an attorney and that the statements they make can be used against them in court. In the 1966 decision Miranda v. Arizona, the Supreme Court [...]

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Why Immigrants Should Have Access to Legal Counsel

Why Immigrants Should Have Access to Legal Counsel

U. S. immigration laws are incredibly complex, yet they provide only minimal due process protections for even the most vulnerable noncitizens. In criminal courts, defendants who cannot afford an attorney are provided one for free, but in immigration court, noncitizens do not receive the same protections. As a result, many immigrants facing deportation are forced [...]

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