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Illegal immigrants hush up: They are invoking the right to remain silent to avoid deportation


Published/Last Modified on Monday, Feb 25, 2008 - 06:26:01 am MST

The Associated Press/Arizona Republic

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 Office 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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    Born Free wrote on Mar 10, 2008 12:05 PM:

    " What is the Fuss about, Yeah you don't mind if the the US invades another country. If more military die. Why do you put "we need to envade a country?" You are not going to do the dirty work. You'll be in some bar having a good time, while more military die for an unnecessary war. You probably are a
    Republican? "

    CGS wrote on Mar 8, 2008 11:28 AM:

    " Remaining silent is good when under interrogation but it doesn't keep the illegals from being deported. If they can not prove citizenship they risk deportation. There are a few other things illegals should watch out for that would help their case but I'm not about to mention them here. Remaining silent is simply a "Delay tactic." "

    Toni wrote on Mar 8, 2008 12:02 AM:

    " Now,I am about as anti-illegals as they come...I wish they would quick sucking the blood of this country.HOWEVER, unfortunate as it may be...Publias...is right.Actually,the right to remain silent is a common practice virtually everywhere.Although, many countries don't have it as a written law, it's considered a "common law" right.Personally,if it were me...let them stay silent.If they can't provide a ligit U.S. Government issued I.D. card on the spot...I'd send them packing.To me...remaining silent is a good thing...they can't make up some lame excuse for the lack of proper I.D....which would delay the deportation process! "

    What is the Fuss about? wrote on Mar 7, 2008 6:17 PM:

    " We need to invade Mexico and take it over just like we did with Iraq. Who's to stop us? The Mexicali Police? Ha ha ha. I say, tear down the fence and head south. We can then seal the southern Border to our new state Old Mexico since that fence would be shorter and less expensive. Levis would no longer be a third world manufacturing company. We could provide our new citizens with the same rights that we have. Let's Move South! Embrace Mexico as our own! "

    sierravistan wrote on Mar 7, 2008 2:22 PM:

    " to Publias, while you are correct ont he language of the constitution, it most definitely does NOT apply to citizens of foreign nations...are you implying that all other nations have to treat their citizen according to our laws? if not, the act of crossing removes their rights as they are criminals, subject to prosecution and punishment, not protection...yes, they are accorded human dignity, but not services etc. think about it "

    Mexi wrote on Mar 7, 2008 8:11 AM:

    " Third World? Then look at your third world Levis and Wrangler Jeans you are wearing.... Keep buying at Walmart and you all cowboy outlets... and support us crossing in. "

    Hey Buena Mexi wrote on Mar 6, 2008 4:00 PM:

    " Nive out of ten are Mexican, and they are all coming thru that third world country. "

    Buena Mexi wrote on Mar 6, 2008 6:13 AM:

    " Why is everyone pinpointing Mexicans as illegals? It's not only Mexicans.. we have illegal Cubans, Dominicans, Colombians, Puerto Ricans, and Haitians sneaking across. Its not just Mexicans.. "

    Interesting...hmmm wrote on Mar 4, 2008 10:42 PM:

    " Interesting...hmmm. Would that be Jesus Alverez down at Homeland Security? I suspect he'd deport any illegal alien resident who has not entered this country with the proper legal documents. I suppose that is who Jesus would deport. "

    AZBP wrote on Mar 4, 2008 10:10 AM:

    " To: Malena. Who would Jesus Deport? I don't know but what I do know is that even Heaven has gates that are there to keep out those who are not welcomed. So you see, even Heaven has its own checks and balances on who they let in and keep out. The bible also commands us to obey the laws of the land. If you feel so strong about your faith then I challenge you to give up EVERYTHING that YOU have so that an illegal alien can have a better life. Dont hide behind relgion, you come across uninformed. "

    native blood wrote on Mar 4, 2008 9:16 AM:

    " If you are here illegally, you are not an American...therefore, you should NOT be protected by the US Constitution and have only the same rights as a criminal. Come across legally, learn English, get a job, pay taxes like the rest of us, then we will talk. "

    Publius wrote on Mar 4, 2008 6:05 AM:

    " To the ignorant masses:

    Read the Constitution!!! The only place the concept of citizenship is even mentioned is the 15th Amendment. All of the other RIGHTS say that NO PERSON shall be deprived of them. If in an American court one is subject to American law and afforded the protections of the Constitution for the RIGHTS of the accused. "

    Someone who knows! wrote on Mar 3, 2008 5:49 PM:

    " Did you know... If an illegal immigrant say, breaks a leg while falling the short distance of say, 30 feet to the ground; if a BP agent does not ask where the illegal was born then after being released from the hospital, the Illegal is free to go!? This typically happens about, ohh, everytime one takes to fall to freedom! Just thought you all should know this! "

    Mae Cox wrote on Mar 3, 2008 1:14 PM:

    " staying silent does not give them the right to stay in the US. After all it is thier responibility to prove they are a citizen not the US responiblity to prove they are not a citizen. If you can not prove THEY ARE CITIZEN they can not stay here or get a job here. when I get a job I have show proof I am a citizen and my family has been here for many many generations and are legal so why do they think they should not have to follow the same laws I do. silence proves nothing except "

    Sierra VIsta Resident wrote on Mar 3, 2008 6:11 AM:

    " Why are we talking about PR? They are good soldiers. Absolutely no equaiting a PR and a Mexican.
    Mexicans, and half of South America and all of Central America have not advanced since the Spanish Conquistadors left 300 years ago. Which begs the question, why are Mexican always griping about Anglo's, when Spain dropped them like a third world nation? Just like immigrant families that want to sue the school system for their children, until they find out they will not get financial compensation, just schooling for their kids...all the sudden they are not interested!!! "

    bt wrote on Mar 2, 2008 8:42 AM:

    " I really think it is a disgrace that a border patrol was doing his job, now is on trial for murder. Illegals are over here getting away with everything including murder - but they get away with it. Now they are remaining silent to stay in the US. If you want the priveliges we USED to have before you got here, all you have to do is become a LEGAL CITIZEN. But it is much easier to take our aide for free. GO HOME. "

    BM wrote on Mar 1, 2008 10:27 AM:

    " Sec. 302. [8 U.S.C. 1402] All persons born in Puerto Rico on or after April 11, 1899, and prior to January 13, 1941, subject to the jurisdiction of the United States, residing on January 13, 1941, in Puerto Rico or other territory over which the United States exercises rights of sovereignty and not citizens of the United States under any other Act, are hereby declared to be citizens of the United States as of January 13, 1941. All persons born in Puerto Rico on or after January 13, 1941, and subject to the jurisdiction of the United States, are citizens. "

    Citizen wrote on Mar 1, 2008 9:51 AM:

    " Bob, Please look these things up. The Puerto Rican flag was designed after the cuban flag, but the colors are inverted. "Puerto Rico's monetary unit is the United States Dollar (USD) as it is a commonwealth country of the United States of America."
    http://www.puertorico.com/currency/
    http://www.elboricua.com/flag.html "

    Ben H wrote on Mar 1, 2008 7:17 AM:

    " Smith you are wrong Puerto Rico does not have their own flag. Their national flag is the Cuban Flag. But they are not ruled by Cuba, Puerto Ricans had only used the flag for many years. I had not seen their money tho, I pretty sure its Cuban money. "

    Sierra VIsta Resident wrote on Mar 1, 2008 1:00 AM:

    " Amen Diana!!! "

    Diana wrote on Feb 29, 2008 12:45 PM:

    " Illegal people always find a way around the law. It is the law abiding citizen of the United States of American who need to do their job. Write letters, make phone calls to the President and elected officials. Make your voice loud and clear. The squeeky wheel gets oiled. The illegals know this. Be louder than they are. Protest, protest, protest in the name of protecting our sovereignty "

    Sierra Vista Resident wrote on Feb 28, 2008 11:32 AM:

    " Mexico is not going to assist in stopping the illegal tide. They have already blocked their southern border to keep out any south & central american 'illegals'.
    An honest, legal, law abiding Mexican citizen is welcome to come over work and return to his country. Drug dealing illegals are not. "

    Wendy wrote on Feb 28, 2008 9:47 AM:

    " Puerto Rico is a U.S. Commonwealth. They do not need anything to enter the country except ID. "

    Smith wrote on Feb 28, 2008 4:42 AM:

    " How are Puerto Ricans US Citizens? Don't they have their own Government, Peso, and flag? I thought so. Last time I check only Puerto Ricans born in the US are citizens just like Mexicans. Some are caught by the border patrols also. Get your facts straight.
    "

    What is the Fuss about? wrote on Feb 27, 2008 6:34 PM:

    " That's exactly what I want for my family! I want them to have a better life! I don't see it happening if we maintain the status quo. If the US were to Annex Mexico as a territory, I probably can provide my family with a better life and cheaper cost of living for my kids and grandkids. We don't even have to pay anyone to go back from where they came from. Freedom of travel, freedom to migrate south. "

    The solution is easy wrote on Feb 27, 2008 12:15 PM:

    " If I lived in Mexico I would do exactly the same thing to get to the U.S. and stay here. Until the Government closes the borders they will keep comming. If you and your family lived in the same conditions you would try to find a better life somewhere else. Maybe we could pay them a large amount of money to go home. We give everyone else money. "

    Cindy wrote on Feb 27, 2008 9:06 AM:

    " What part of the word ILL-E-GAL is so difficult for people to understand???? And ~ just how much good is that "barrage balloon" doing???Although I was stationed at Ft. Huachuca back in '99 so maybe the thing isn't even flown anymore - or they use it as a "welcome illegals" flying billboard. Again - fine the employers - throw their butts in jail for hiring illegals!!! "

    What is the Fuss about? wrote on Feb 27, 2008 6:20 AM:

    " We can call it Operation Mexican Freedom (OMF). I'd think it would have the support from both the left and right wing factions. For the left wing: We eliminate the border, do away with the border fence, we provide Americans an opportunity for a better life. For the right wing: We gain a larger oil reserve, we gain a huge reservoir of cheap labor, we recapture all of those business that were sucked south by NAFTA. Heck, we might even become a major exporter of goods again. Who would stop us? The drug lords? "

    What is the Fuss about? wrote on Feb 26, 2008 8:13 PM:

    " You're welcome “Really”. I'm just looking for some good cheap land to acquire...the land around here is too expensive. I figure fair play is fair play. They come here illegally and take what they can...we invade Mexico and take what we want. Lets see...we can take cheap labor as "Stop the Insanity" recommends, we can take the oil reserves so we can reduce our dependence on Arab or Venezuelan oil, we can take the manufacturing plants, we can take the cheap pharmacy drugs, we can increase our tax base...It's the perfect solution to our problems. "

    Jackie wrote on Feb 26, 2008 1:34 PM:

    " These pro illegal immigrant groups are in my opinion breaking the law and aiding and abiding immigrants who are illegal. If you help someone who is breaking the law , isn't that against the law?
    So what they are encouraging is that they stay silent and ask for representation.. who do you think PAYS FOR THAT? American tax payers...
    I am sick sick sick to death of the illegal immigrants and how much they are costing this country. It is running into the billions please go to this site and see for yourselves.
    http://au.answers.yahoo.com/answers2/frontend.php/question?qid=20080206171752AABnI4a
    Jackie "

    sierravistan wrote on Feb 26, 2008 8:03 AM:

    " and "Magdelena, the pastor" you are a very sorry excuse of a person of God, by encouraging lawlessness, you ARE part of the problem, you need to examine you realtionship withthe Almighty and ask what course you should be taking, do not however continue to encourage people to break the law,,,if they are here illegally they ARE breaking the law, and you are an acomplice!!! therefore you are also breaking the law, so, just what would Jesue think of that...the END DOES NOT JUSTIFY THE MEANS, remember that fact. "

    sierravistan wrote on Feb 26, 2008 8:00 AM:

    " Donzo, "Oh My" is correct, you need to get an education before showing off you utter lack of knowledge. "

    sierravistan wrote on Feb 26, 2008 7:58 AM:

    " to "Malena", yes what would Jesus say, how about, .."render unto Caesar what is Caesar's (in this case the United Stateslaws) and render unto God what is God's"...stop attempting to pull the very phony "christain" crap on us, even Jesus told you to obey the laws of the nation, so do it and shut up. If you husband is illegal, he knew full well what could and should happen to him, if he begat children, he also knew the consequenses, stop complaining and be an adult about it, do the crime, do the time! illegal entry IS arime! "

    Stop the Insanity! wrote on Feb 26, 2008 5:48 AM:

    " The people giving this advice should be arrested and charged with treason. People who break the law to be hear aren't entitled to anything. If our dumb government won't enforce the laws, then they should consider the proposal by "What is the Fuss about?" Might as well make Mexico the 51st state and harness the labor resources. "

    Really wrote on Feb 26, 2008 2:32 AM:

    " To "what's the fuss about": You stated "If Mexico doesn't feel the need to police their borders and fix their government and economy then lets help them out." I haven't laughed so hard in a long time! What is America doing to police its borders and stop groups like the ones mentioned in the article, what are we doing to fix our economy (borrowing from China, how pathetic) and our govt? Maybe we should take a long look in the mirror before pointing fingers! Thanks for the laugh! "

    Malena wrote on Feb 25, 2008 11:19 PM:

    " All I can say is I'am an American Citizen and My Husband is hispanic and everybody needs to look at it this way.Who would JESUS deport!!!!!We are all humans and if you come to this country and have been here 4 13 years and have children with a US Citizen you should not be deported as long as you have NEVER been in trouble with the law you should be able to have a path to citizenship! "

    What is the Fuss about? wrote on Feb 25, 2008 6:40 PM:

    " Let's just declare Mexico as a US Possession or our 51st State. Then we can hire the Mexicans to come back to their State and work to fix the infrastructure, fix the roads, build houses, etc. If Mexico doesn't feel the need to police their borders and fix their government and economy then lets help them out. Take over the country and the resources and invite them in as a US territory or State. If the citizens are too silent to rise up against the corruption then they certainly won't mind if we do. "

    You're kidding. wrote on Feb 25, 2008 4:30 PM:

    " Oh, my God. "

    Oh my ... wrote on Feb 25, 2008 2:37 PM:

    " Donzo,

    Puerto Rico IS A US POSSESSION! Puerto Ricans ARE US citizens. Illegal immigrants are just that, ILLEGAL, they do NOT have the right to be here. How about you learn a little US History? Good god. "

    jack wrote on Feb 25, 2008 12:26 PM:

    " Exactly right Rights come from a constitutional guarantee as a citizen. These are not citizens and should go home and fix their country not exploit ours. Come in the legal way or not at all. If they will fix our society they can start by paying back taxes and Social security benefits recieved billing "

    SJ wrote on Feb 25, 2008 12:18 PM:

    " Just great; Would we please start deporting those who help ileegals? They are worse than the illegals. Hipocrits who help others enjoy this countries bounty without paying for it need a kick in the pants! "

    Josh wrote on Feb 25, 2008 10:37 AM:

    " Invoking your constitutional rights?! How about I invoke my constitutional right to protect and defend my way of life, through the right to bear arms. I encourage one of these folks to step onto my property so that I can utilize these rights to the full extent. "

    Donzo wrote on Feb 25, 2008 8:49 AM:

    " Let em stay, we need the labor already
    to rebuild social security and more.
    Everyone in this free country has rights, except to racial prejudice. God Bless Us. and Them too. They made it to freedom, try living down where they came from, and then count our blessings that we should share. The Puerto Ricans have shown to be good citizens, and Mexicans too. They are some of our best troops. Let them stay. "

    RJ wrote on Feb 25, 2008 7:49 AM:

    " Uhm, why does someone who is not a citizen of this country have a "right" to remain silent and a "right" to an attorney? This is getting rediculous. Also, why are journalists interviewing illegals and not reporting them? Either we care about deporting as many illegals as we can (and hopefully encouraging them to take more legal routes next time) or we don't. Let's make up our minds... "

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