Is it really as simple as this in practice? Does anyone have any experience with this? As a foreigner, I have huge respect for the amount of trouble that the immigration authorities can cause for you if they figure they don't like your face.
The law is that simple. Actual practice may not be -- but talking to the cops sure didn't help the guy in this story, did it? It made things worse. A lot worse.
But yeah, if the government wants to fuck with you, they can surely fuck with you. Your best defense is getting a lawyer asap and not talking to the cops without a lawyer.
He would have been quite lucky to be deported. It's also sadly a much different game when you have access to funds--most people don't call a lawyer because it's expensive.
Miranda Rights. Even foreigners are entitled to a public defender. Prosecutors aren't allowed to even talk to you without giving you your Miranda Rights first (except in very very limited situations)
EDIT: It seems like Immigration is treated differently from other criminal cases. But it seems like if you're arrested by the typical FBI agent (ie: some sort of crime), you're gonna get Miranda Rights read to you, and the option for a free public lawyer.
In general, I'm more worried about not being arrested - i.e. when I'm on the freeway, police stops me, they ask me what I have in my trunk or where am I going, can I say "I don't want to talk to you" and call a lawyer?
Long story short, yes. 5th Amendment means that you have the right to remain silent, 4th Amendment means that you have the right to refuse searches until the cop provides the necessary documentation. Both of these rights apply to foreigners.
All the lawyer probably will say is refuse entry until the cop shows a search warrant, and speak as little as possible.
There are some abusive states out there when it comes to foreigners. Arizona for instance is famous for having abusive laws / cops towards foreigners. (Arizona SB 1070, part of which was struck down as Unconstitutional however). So its important to remember that the law changes from State to State (its only natural in a country that is ~3000 miles wide).
