Illegal Immigrants Invoking Right To Remain Silent
Associated Press
PHOENIX — Immigrant-rights advocates are giving a key piece of advice to help illegal immigrants avoid deportation — remain silent.
The advice is being given out at monthly forums organized by at least three pro-immigrant community groups. The forums, which attract hundreds, are held to tell immigrants what the laws are, what their rights are and to combat racial profiling.
Immigrants who attend are given pamphlets called, "En boca cerrada, no entran moscas," a popular Spanish phrase that means "Flies can't enter a closed mouth."
"Silence is the most important right. Remain silent," says the four-page pamphlet, which is published by Somos America, Radio Campesina and the United Food and Commercial Workers Union.
The pamphlet says that under law, it's the job of U.S. Immigration and Customs Enforcement to prove that someone is not legally in the country. The pamphlet includes a card that can be handed over in case of arrest by an immigration officer.
It says, "I am asserting my constitutional right to remain silent. I will only tell you my name. I will not answer any other questions. I demand my right to be represented by an attorney (and) to make a telephone call."
Magdalena Schwartz, a Mesa pastor who is heavily involved in the immigrant community, said she has heard from at least five people in the last month who were stopped by police and remained silent when questioned about their immigration status.
"All they got was a ticket," she said. "It's preventing people from being deported because they know their rights now and they remain silent."
Roberto, an illegal immigrant who declined to give his last name, said he was stopped in February for making an improper left turn. He said he refused to answer questions about his immigration status and asked to call a lawyer.
He said after three hours, he was given several traffic citations and released. "I was very, very scared," he said.
Critics of the monthly forums say the advice to remain silent amounts to helping people who have broken the law.
"It shows blatant contempt for the rule of law in this country and blatant contempt for local police working with federal authorities to clean up this mess," said Chris Simcox, president of the Minuteman Civil Defense Corps, a civilian border-watch group.
Hector Yturralde, president of Somos America, or We Are America, said the forums are not intended to help illegal immigrants beat the system.
"Any type of advocacy that is done with the immigration issue, you are going to be labeled as trying to coach people how to beat the system, and we are not trying to teach them how to beat the system," he said. "We are trying to educate them."
Evelyn Cruz, who heads the immigration clinic at Arizona State University's law school, said the U.S. Constitution guarantees certain rights to everyone, regardless of legal status, including the right to remain silent.
She said making sure immigrants are aware so their rights aren't violated helps protect those rights for everyone.
But she said silence doesn't guarantee that a person will not be arrested, and police could still try to determine legal status during the booking process.
Tom Fitton, president of Judicial Watch, a legal group in Washington, D.C., that advocates enforcement by police of federal immigration laws, said he doesn't like the community groups' approach, even though he agrees it's within their rights.
"These groups would be better served by encouraging their illegal-alien market to come into compliance with federal immigration laws by either leaving the country or by taking other steps available under the law to obtain legal status," Fitton said. "Stirring the pot is a dangerous route. Civic-minded organizations should generally be encouraging cooperation with the police."
Virginia Kice, an Immigration and Customs spokeswoman, said agents increasingly come across people who refuse to answer questions, making their job more difficult. But she said that hasn't deterred the agency.
"We respect that people have rights and they have access to due process, but we have a responsibility to enforce our nation's immigration laws, and we are going to do it," Kice said.
The Phoenix Police Department is about to implement a policy that will require officers to ask for the immigration status of every person arrested for committing a state or local crime and to contact ICE if the person is believed to be an illegal immigrant.
The new policy will not let officers ask about immigration status during civil traffic infractions.
Only the Maricopa County Sheriff's Department is questioning people about their immigration status following routine traffic stops. Sheriff Joe Arpaio said he doesn't think the forums will prevent deportation because his jail is staffed by officers trained to determine the legal status of every person who is booked.
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