EPO 34-37

Question 1

What is an administrative warning?

Answer 1

It is essentially “Miranda Rights” for an alien in administrative custody (as opposed to criminal custody)

Question 2

When should “administrative warnings” be provided?

Answer 2

When an alien is in administrative custody and placed in formal immigration proceedings you must advise the alien of his or her administrative rights

Question 3

What is the content of an administrative warning?

Answer 3

8 CFR 287.3

1. Reason for arrest
2. Right to be represented by counsel of their choice at no expense to the government
3. List of free legal services
4. Statements can be used against you

Question 4

Compare and contrast Miranda warnings with administrative warnings

Answer 4

Miranda = criminal arrest
Right to remain silent
Right to an attorney at NO expense
Anything you say can and will be used

Administrative = immigration arrest
Skips right to remain silent because they are the one with the burden to convince admissibility
Right to attorney at THEIR expense
Anything they say can be used
List of free legal services
Reason why arrested

Question 5

What are the arrival reporting requirements for:

Pedestrians, aircraft, vehicles, and vessels

Answer 5

Pedestrians = enter the US at a border crossing and immediately report arrival, and present themselves and all articles for inspection

Aircraft = pilot submit e-APIS manifest at least one hour prior to wheels up

Vehicles = “present the vehicle and all persons and merchandise (including baggage) on board, for inspection”

Vessels = report to nearest customs facility immediately upon arrival at any port

Question 6

What is the scope of authority granted to AMO agents by Title 19 of US Code regarding customs authorities?

Answer 6

19 USC 1589 = arrest for felony in presence, misdemeanor in presence, felony out of presence with PC

19 USC 1589 = enter private land for border search

19 USC 482 = extended border search

19 USC 1581 = FEB border search (inbound and outbound)

19 USC 1581 = vessel document check

19 USC 1587 = cargo examination on high seas

Question 7

What is forfeiture?

Answer 7

The process by which the government acquires legal title to property that has been involved in illegal activity

Question 8

What are the two types of forfeiture?

Answer 8

In rem = against the property in civil court

In personam = against the person in criminal court

Question 9

What are the two ways a federal forfeiture can be handled?

Answer 9

Administrative = non-judicial civil forfeiture

Judicial = civil court (in rem) or criminal court (in personam)

Question 10

What are some examples of circumstances which can lead for forfeiture of aviation smuggling (including vessels)?

Answer 10

Within 250 miles of territorial sea (border):

• operating vessel or aircraft without navigation lights
• Unauthorized auxiliary fuel system
• failure to identify vessel name/nationality or aircraft tail number/nationality
• false tail number or vessel name
• unmanifested prohibiited or restricted merchandise
• Unmanifested controlled substances
• hidden compartment/fitted out for smuggling
• failure to stop when hailed
• sea transfers