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?
Lv 4
? asked in Politics & GovernmentImmigration · 9 years ago

If an illegal immigrant commits a violent crime in America, are they deported?

I have nothing against illegal immigrants, I think they are brave to try to come to the US for a better life for them and for their families. I feel bad for them that it is difficult to get citizenship.

But I always wondered: If an illegal immigrant commits a crime, are they tried in an American court, are they sent to an American jail, and do they even have a right to an attorney, or other Miranda rights, if they are not a citizen? Or are they sent back to their native country?

Thanks to anyone who can help me. I'm simply curious. :)

Update:

@ Name: thanks :) and that's stupid on our government's part, since our taxpayers have to pay for their jail sentence when they're just going to be deported anyway.

10 Answers

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  • Anonymous
    9 years ago
    Favorite Answer

    They are tried in an American court and have to serve the sentence in America, and afterwards they are deported.

  • 5 years ago

    1

    Source(s): Criminal Record Search Database : http://criminalrecords.raiwi.com/?kpZJ
  • Teekno
    Lv 7
    9 years ago

    They absolutely have right to an attorney and other rights. Those are afforded to everyone, regardless of their citizenship or status.

    If convicted, they'd serve their time in an American prison. Some countries have treaties with the US that would allow them to serve their US sentence in a prison in their own country. After their sentence, they'd likely be deported.

    EDIT: Stupid? You think that someone should be off the hook for a violent crime just because they are an illegal immigrant? You think that someone who is an illegal immigrant who murders someone should be just deported while a citizen could be executed?

  • 9 years ago

    Any foreigner can be deported. If a foreigner is convicted of a felony he or she will be serving their sentence and subsequently deported. It doesn't matter if the foreigner is a Green Card holder for 50 years or an illegal immigrant.

    The difference is that illegal immigrants can be deported for breathing, but they won't, because it costs us, the U.S. taxpayers $11,500 on average to deport a single individual. Eleven million illegal immigrants times $11,500 is $1,265,000,000,000,000.00. We don't have that kind of money. It's really that simple.

    Source(s): The son of a German mother and a Swedish father, I have lived in 6 European countries before immigrating to Southern California two decades ago. I work as a corporate attorney in Santa Barbara and answering questions here is my way of giving back.
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  • 9 years ago

    Every person on United States soil is subject to its law and its jurisdiction. With that in mind, if an undocumented person commits a crime, he or she will be charged for the crime just as any other person would, regardless of legal status or lack thereof. Miranda warning apples to all persons in the United States suspected of a crime, regardless of legal status or lack thereof. The right for an attorney, the right for a fair trial, the right for assumption of innocence until proven guilty is also constitutionally guaranteed regardless of legal status or lack thereof. If an undocumented person is found guilty of a crime, specially a violent crime, he or she will first be required to fulfill their prison sentence and then they will be deported back to their country of origin.

  • 9 years ago

    When a foreign citizen (or illegal immigrant) commits a crime in United States, the U.S. authorities contact the embassy of that country and notify them about it.They must get a permission from that foreign country before deporting that person.If that country refuses to accept the criminal then U.S. has no other choice but to keep him here in U.S. prison.

    Usually foreign countries DO accept their criminal citizens.

  • Jan
    Lv 7
    9 years ago

    They are tried in American court and sentenced to serve their time here. Why would we send a violent criminal back to their country without jail time only for them to come back again.

    They have the right to a lawyer if they pay for it themselves.

    If you feel so sorry for them, invite about 30 of them to live in your house and you pay to support them.

  • Anonymous
    9 years ago

    Yes legal green card holder and illegals are deported for crimes daily

  • 9 years ago

    Yup, if they have no proof of documentation, they can be deported very easily if they are caught illegally.

  • ?
    Lv 5
    9 years ago

    not anymore because of our fearless leader obama, ughhh.

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