Gividen Law, PLLC Standing Up For Clients. Standing Up For What’s Right. 2026-05-18T21:43:16Z https://www.gividenlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1405043/2021/10/cropped-Favicon-32x32.png On Behalf of Gividen Law, PLLC <![CDATA[How do Texas criminal charges impact your immigration status?]]> https://www.gividenlaw.com/?p=47274 2026-05-15T03:13:33Z 2026-05-15T03:13:33Z 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.   ]]> On Behalf of Gividen Law, PLLC <![CDATA[What should I do if ICE unlawfully detained my spouse in Texas?]]> https://www.gividenlaw.com/?p=47202 2026-04-06T20:15:05Z 2026-04-06T19:55:27Z Locate your spouse immediately ICE frequently transfers detainees between facilities in Texas, such as the (South Texas ICE Processing Center or the Houston Contract Detention Facility). Your first step is to use the Online Detainee Locator System to identify their current location and "Alien Registration Number" (A-Number). Some other steps include:
  • Receiving the Notice to Appear (NTA): This document is the formal charging paper that explains why the government believes your spouse is subject to removal from the United States.
  • Verification of legal basis: An arrest is considered unlawful if agents lacked a judicial warrant, failed to establish probable cause, or ignored evidence of valid legal status.
  • Proof of lawful presence: Immediately gather original documents, such as a Green Card, an Employment Authorization Document (EAD), or proof of a pending U-Visa or asylum application.
Once located, you must ensure that your spouse does not sign any documents without a thorough legal review. A Voluntary Departure form, for example, often waives the right to a hearing before an Immigration Judge, leading to immediate deportation and a potential ten-year bar from re-entering the United States.

Invoke the right to counsel and protection

Unlike in criminal proceedings, the government does not provide a free attorney for immigration cases. However, under the Fifth Amendment, your spouse retains the right to remain silent and the right to legal representation at their own expense.
  • Right to silence: Instruct your spouse to remain silent regarding their place of birth or immigration history until an attorney is present.
  • Avoiding waivers: Detainees are often pressured to sign "Stipulated Orders of Removal"; signing these can permanently bar them from returning to the U.S.
  • Documenting violations: If the arrest involved racial profiling, record every detail of the encounter.
Documenting these constitutional violations is essential for building a defense against an unlawful arrest.

Filing a writ of habeas corpus and Bivens claims

If ICE is holding your spouse without a valid legal basis or for an unreasonable duration without a bond hearing, an attorney can file a writ of habeas corpus in a Texas federal district court. This legal action forces the government to justify the detention before a federal judge. Furthermore, if the arrest involved an illegal home search or physical mistreatment, your spouse may be eligible to file a Bivens claim. This allows victims of unconstitutional federal actions to seek financial damages for civil rights violations. Reviewing the case with an experienced immigration litigator is the most effective way to navigate these high-stakes federal procedures and secure your spouse's release.]]>