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New Policies on Immigrant Detention Met With Customary Hysteria

August 30, 2010, by Collins & Collins, P.C.

Fox and others have grossly mischaracterized the new Department of Homeland Security policy regarding the removal of illegal immigrants. For political gain, these organization and individuals have portrayed the new policy as an amnesty program suggesting that the Obama administration is not serious about immigration enforcement. It is not surprising as no stone is left […]

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Miranda on the Ropes. Again.

June 3, 2010, by Collins & Collins, P.C.

Miranda rights suffer another setback in the United States Supreme Court case of Berghuis v. Thompkins. The court held that is not enough to remain silent to stop police questioning, a suspect in a criminal case must explicitly invoke his or her Miranda rights. The ruling will allow police to interrogate suspects for hours on […]

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Border Stories: Facts and Fictions

May 18, 2010, by Collins & Collins, P.C.

It is amazing how many are so quick to take away the rights of others to protect against the wave of violence along the border. Many on the right are quick to point out that the wave of violence emanates from Mexico and that the threat comes in a neat identifiable package. All that is […]

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A Taste of Arizona in the 10th Circuit

April 28, 2010, by Collins & Collins, P.C.

The recent 10th Circuit Court of Appeals case of US v. Silva-Arzeta brings both further illumination and concerns to the recent Arizona immigration enforcement bill. There are many in New Mexico clamoring for Arizona style immigration enforcement in our state. This case will provide little comfort to those already concerned about this prospect and the […]

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Arizona Style Immigration Enforcement: New Mexico Beware!

April 26, 2010, by Collins & Collins, P.C.

The recent immigration law enforcement measure passed in Arizona should interest citizens of New Mexico. The Arizona law not only permits law enforcement officers to stop anyone who appears to be an immigrant to check their papers, it demands it. It is a gross violation of the 4th Amendment prohibitions against illegal search & seizure. […]

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Yelling “Freeze” Constitutes a Seizure Under the 4th Amendment

March 30, 2010, by Collins & Collins, P.C.

“Freeze” is not something you want to hear from a police officer. The command will send a chill through most reasonable people. That is exactly why it is considered a seizure under the 4th Amendment. A seizure under the 4th Amendment occurs when the person stopped reasonably believes that her or she is not free […]

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Federal Criminal Immigration Cases Reach Record High

December 29, 2009, by Collins & Collins, P.C.

Federal prosecution for immigration violations reached a record high of 169,612 in 2009. According to the study out of Syracuse University, this number represents more than ½ of all criminal cases brought by the federal government. Prosecution of immigration violations is up by almost 16% and reflects the Bush era policies of strict and speedy […]

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