Friday, July 22, 2005

Exclusionary Rule for Racially Based Interrogation

On July 21, 2005, Immigration Judge John Richardson excluded evidence from an interrogation by ICE officials because the interrogation was illegal -- it was conducted only because the subject of the interrogation looked Hispanic. In addition, they made disparaging racial comments during the interrogation. Also, ICE refused to allow them to speak to any attorneys during their 9 hours in custody.

Details are not yet clear, but the judge may have based his ruling on how egregious conduct by ICE can be held to be a violation of an immigrant's due process rights. One newspaper reported that the judge intends to follow up his decision with a more in-depth explanation later.

Judge Richardson is an immigration judge in Phoenix, Arizona.


Post a Comment

<< Home