For many non-citizens, facing a criminal charge in Texas can inspire immigration-related consequences, even when one is wholly innocent.
Even relatively minor offenses may affect a person’s ability to remain in the United States, renew immigration protections or eventually obtain citizenship. Because immigration law and federal criminal law often overlap, non-citizens who are facing criminal charges need to understand the stakes of their situation in order to make informed decisions about how best to respond to it.
The details of an individual’s situation should inform their next steps
Certain criminal convictions can place a green card holder into removal proceedings and potentially risk deportation. Offenses involving drugs, domestic violence, fraud, firearms or crimes considered “crimes involving moral turpitude” may trigger serious immigration consequences. Under certain circumstances, a lawful permanent resident who has lived in the United States for decades may still face deportation after a criminal conviction.
DACA recipients face additional uncertainty because the Deferred Action for Childhood Arrivals designation is highly discretionary. Even an arrest without a conviction can create problems during renewal applications or immigration reviews. Certain offenses may immediately disqualify a person from DACA eligibility, while repeated arrests or allegations of public safety concerns may also negatively affect discretionary decisions. For many recipients, maintaining clean records is necessary when it comes to preserving work authorization and protection from removal.
Undocumented individuals often face the greatest level of risk after interactions with law enforcement in Texas. Even a routine traffic stop or minor arrest may trigger contact with federal immigration authorities. In some cases, local jails notify U.S. Immigration and Customs Enforcement, commonly known as ICE, after an arrest. ICE may then issue an immigration detainer, sometimes called an ICE hold, compelling an individual to remain in custody for potential transfer into immigration detention proceedings.
Texas has taken a particularly aggressive approach toward immigration enforcement in recent years. Cooperation between local law enforcement agencies and federal immigration authorities often increases the likelihood that criminal allegations may lead to immigration consequences.
Because of these risks and challenging realities, individuals facing Texas criminal charges should seek legal representation immediately.