What happens after a person is arrested on suspected immigration law violation?
S/he should be examined “without unnecessary delay” by an INS officer on his or her right to enter or remain in the United States.6 The officer examining the individual after arrest should not be the arresting officer unless another qualifying officer is not available and taking the person before another officer will cause unnecessary delay.7 If the examining officer finds prima facie evidence that the person arrested has violated the immigration laws, then the officer will place him or her in removal proceedings or institute expedited removal, if applicable.8 If the INS places the person in removal proceedings, it should notify him or her of the reasons for his or her arrest.9 The examining officer should also inform the individual of his or her right to counsel at no expense to the government and provide him or her with a list of free legal service providers.10 The officer should also warn the person that any statement that s/he makes “may be used against him or her in a subsequent p
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- What happens after a person is arrested on suspected immigration law violation?
