International Office - Interviews and Questioning by Law Enforcement Authorities

As a result of the events of September 11, 2001, the U.S. Department of Justice has identified 5,000 persons who are scheduled to be interviewed regarding what they might know about those events. Local law enforcement officers may be asked to help with those interviews.

Media services have reported that about 50 people have been identified in the Triangle area for interview.

We want you to have basic information on these interviews and what you might do if you are contacted.

1.	Why would they want to interview me? What kind of questions would they ask?
2.	What should I do if I am contacted?
3.	This whole thing makes me nervous and uncomfortable. I don’t want to seem uncooperative by refusing to answer questions, but I am worried that I might not understand the questions or that something I say might be misunderstood or taken in the wrong way. How can I cooperate with the investigation, but still protect myself against negative possible effects or a misunderstanding?
4.	The memo says that they are not looking for immigration violations, but then it says that if they find violations they will report them to the Immigration and Naturalization Service (INS). What does that mean for me?
5.	There are a lot of questions that I don’t know anything about. Also, some of those questions are personal. Do I really have to answer these questions?
6.	But what happens if I refuse? Will that have a negative effect on my immigration status or my ability to stay at Duke?
7.	Can they come into my apartment or dorm room? Do I have to let them in?

Why would they want to interview me? What kind of questions would they ask?

The memorandum from the Department of Justice regarding these interviews and the list of questions to be asked is available on the web at

http://www.freep.com/gallery/2001/interviews/index.htm

We do not know how long this link will be valid, so we suggest that you save this information to a file or print a copy.

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What should I do if I am contacted?

You have the right to contact a lawyer and have a lawyer with you at the interview. We recommend that you read the basic information provided by organizations such as the American Civil Liberties Union (ACLU). The ACLU has prepared an excellent summary of your rights and posts it on their web site in http://www.aclu.org/ImmigrantsRights/ImmigrantsRightsMain.cfm

You may also wish to contact a local immigration attorney. We have listed on our web site some attorneys who have worked with Duke students and scholars in the past and who are aware of some of the special provisions relating to student and scholar visas. See Use of Imigration Attorneys.

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3.	This whole thing makes me nervous and uncomfortable. I don’t want to seem uncooperative by refusing to answer questions, but I am worried that I might not understand the questions or that something I say might be misunderstood or taken in the wrong way. How can I cooperate with the investigation, but still protect myself against negative possible effects or a misunderstanding?
	You have a right to have an attorney present during the interview. Since the interview is consensual, not custodial, you could have other people with you as well. If you have other specific questions, contact the International Office and we will put you in touch with people at Duke who can give you more information.

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The memo says that they are not looking for immigration violations, but then it says that if they find violations they will report them to the Immigration and Naturalization Service (INS). What does that mean for me?

In general, if you were admitted properly to the U.S. and, if you have maintained your status while you have been here and if you have not worked illegally then you probably do not have any immigration violations.

If you have violated your status and that violation is discovered, then INS could take you into custody and deport you or take other action.

If you have any concerns at all about the legality of your status, feel free to contact the International Office and we will help you evaluate your student or scholar status and refer you to some immigration attorneys who have worked with Duke students and scholars in the past. An attorney can help you with further evaluation and discussion, if deemed necessary.

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5.	There are a lot of questions that I don’t know anything about. Also, some of those questions are personal. Do I really have to answer these questions?
	The interviews are "consensual," not "custodial." That means that you are not being arrested or taken into custody. You do not have to agree to be interviewed at all. You may simply choose not to be interviewed.

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But what happens if I refuse? Will that have a negative effect on my immigration status or my ability to stay at Duke?

Since the interviews are consensual, you are under no obligation to participate, and you have done nothing wrong if you choose not to. The Department of Justice will have a record that you chose not to be interviewed, but that is a record of fact, not of a violation of any kind. There should be no "punishment" for choosing not to participate.

We suggest that you read the Department of Justice memorandum carefully to understand the procedures and that you contact a good immigration lawyer who knows about student/scholar visas and constitutional law if you have other questions.

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Can they come into my apartment or dorm room? Do I have to let them in?

The officer may contact you at your home by telephoning or visiting. You are not required to admit the officer into your home. You may come out into the corridor to talk with the officer initially. If you decide to consent to the interview, you may choose to meet away from your home, in a neutral place, in your lawyer’s office, or another place you might choose. If you would like to use the International Office as a neutral meeting place, contact us about that option.

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