Aroused By Cartoons Is That Normal

You Have the duty to speak ....

One more day for the interesting and sometimes contradictory world of immigration law.

The "Miranda Warnings" backwards ....

Whenever I hear more stories of lawyers who have seen immigration-related cases (though not necessarily of immigration), where a customer comes to them is "fastidiao." "Fasitidiao", commonly to boricua, jod ** if not, they are induced by immigration officials to answer everything they ask to be detained. The threat is typical: you have no constitutional rights and can not remain silent.

However, this is a lie. Many lawyers are

agree that, although a foreigner is arrested at the airport or within the country for questioning, it can refuse to answer certain questions that can be admissions that the person committed a crime. For example, see this case: a person is arrested on the border with Mexico and makes a "frisk (pat down), where CBP officers found something they suspect is drug. At that time, the detainee asked if that was dope. The silent, and the insistence of the agent, admits that it is drug. A Circuit Court ruled then that the man was arrested and was entitled to keep silienco. That is, she was given the "Miranda Warnings."

When something happens well, it is preferable that the alien is silent, but not directed, and is limited to answering questions about his citizenship and immigration status.

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Congratulation * Engagement

Issues of sovereignty, citizenship and "sanctuary cities"

The U.S. government system is founded on the principles of federalism. In this system, it is recognized that all U.S. states are sovereign, ie governments that are separate and independent from the federal government. As sovereign, each state has its own constitution and bill of rights, can pass laws that you think, perform the same, and judicial review, all subject to limits by the United States Constitution.

This system creates a unique situation: all residents of a state (which they intend to stay there permanently), regardless of citizenship are citizens of that state. In other words, a Honduran who lives in Florida, regardless of their immigration status, a citizen of Florida.

So why do we see that the local authorities (in Puerto Rico and other states) have established a policy to report you to ICE (the "migra") have discovered an alien unlawfully present in its territory, without them necessarily have committed a crime? Recall that COMPETE TO GOVERNMENT FEDERAL create, run and interpret immigration laws, mandated by the Constitution of the United States. Nowhere in the Constitution requires states to cooperate with the feds to identify, detain and deport people illegally present.

And there is a federal law created by that obligation because that would suck from the beginning, to be unconstitutional by a variety of reasons.

For example, several cities and states have defended, even with the "nails" and "face up" policies "do not ask do not tell" regarding the immigration status of a detainee by a violation of local laws. This is that when a state police officer stops someone, you can not ask about immigration status.

Virtually all states (and Puerto Rico) have a provision in the constitution which reads: "No person shall be deprived of his liberty or property without due process of law, nor deny to any person equal protection of the laws" .

Knowing that any person residing in a state is a citizen of it, do not you think that hits the state constitutional rights of this person to due process of law which is identified as illegal by state authorities and handed over to the feds for deportation? Did not is this an erosion of state sovereignty and the system of limited powers of the federal government?

this practice also borders on a violation of the right to equal protection of the laws, as state authorities arrested, processed and presented to people deportation on grounds of being foreign.

I know "for knowledge and belief" that the Police of Puerto Rico carried out this practice, and is generally known that the Judicial Branch of Puerto Rico as well. Most curious of all is that this gets published in the section that gives an overview of the wedding made before a judge of the courts of Puerto Rico. See here.

Finally, the effects of this practice are felt in many ways. Among them, indirectly requires immigrants to not participate freely in cultural life and local social, or assume their responsibilities as citizens of the state in which they reside, and pay their taxes, for fear of being discovered and deported. In more simple words: it pushes the "illegal" immigrant to the periphery of society, the underground economy, among others.

Instead, the concept of "sanctuary cities" is a positive alternative and more constructive, rights and humanitarian terms, what we have today. Furthermore, the policy reinforces state sovereignty vis a vis prevents the excessive growth of federal power. Remember, everyone who lives in the U.S. have dual citizenship as a mechanism of protection against abuses of concentrated power. If we allow non-compliance with state citizenship, we all lose, and our laws, constitutions and laws will become a dead letter. Today

looking for "illegals", but tomorrow we can be you and me.

Visit our website today: http / / www.inmigracionpuertorico.com.