Federal Court: Miranda Rights Don't Apply To Civil Immigration Proceedings

 November 30, 2023

Recently, a citizen of Mexico, Jose Maria Zuniga De La Cruze, complained that he was forced to admit that he was here illegally.

Zuniga requested that the judges make an exception for him and find that his un-Mirandized statements should not be held against him.

This prompted a renewed conversation and debate about the need for a recitation of Miranda rights when it comes to illegal immigrants.

Do Miranda Rights apply to illegal immigrants?

The verdict is in and the decision of the three judges was unanimous.

“The panel observed that this court has long held that the substantial distinctions between a civil deportation proceeding, and a criminal trial make Miranda warnings inappropriate in the deportation context. The panel rejected that contention, explaining that Zuniga’s focus on the warrant was misplaced because it is the nature of the proceeding (criminal vs. civil), and not the nature of the arrest (warrantless vs. with a warrant) that is relevant,” the court wrote.

Miranda Rights are for U.S. citizens, not illegal immigrants.