The Authority of the Search
I am responsible for defending the nation from the harm posed by illegal immigrants as an immigration officer. I have the authority to search and even detain immigrants who enter the nation illegally under the terms of the Immigration and Naturalization Act (Golash-Boza, 2015). Hence, I am within my rights to inspect an immigrant if I notice suspect behavior. Getting the warrant might be harmful in defending the nation against foreign crime and the pressing need to deal with immigration.
The Justification for the Retention
After identifying the suspicious behavior and the three passports, I discovered the legal justification for keeping the subject for additional questioning and investigations. The Immigration and Naturalization Act, 8 U.S.C. 1101 et seq., grants me the authority as the immigration officer. Keep the subject in custody (Golash-Boza, 2015). I have the legal right to detain foreigners to reduce the possibility that they may enter the nation unlawfully and possibly conduct a crime.
Rights of the Detained Person
Miranda warnings and the right to legal representation are two stated rights provided by the constitution when an American citizen is arrested. The same applies to illegal aliens detained and arrested (Al-Khatib, 2014). As a result, the inmate is not protected by the American constitution. The arresting officer does not always have to read the detainee’s Miranda rights, and if the detainee requests legal representation, the detainee should be ready to pay for it.
The law at issue, in this case, is the Immigration and Naturalization Act. The ability to make an arrest is granted by Title 8 U.S.C. 1101 et seq., while Title 8 U.S.C. 1225 permits examination and searches of aliens without a warrant, and Title 8 U.S.C. 1252 (a) permits making an arrest with one.