Texas Immigration Lawyer Blog

Texas Misdemeanor Assault Family Violence Now a Deportable Offense

In April, the 5th Circuit held that Tex. Penal Code §22.01(a)(1) is a crime of violence and thus a crime of domestic violence if a “protected person,” such as a spouse is the victim. U.S. v. Gracia-Cantu, 920 F.3d 252, 254 (5th Cir. 2019) (citing, U.S. v. Reyes-Contreras, 910 F.3d 169, 183 (5th Cir. 2018)).

These cases reverse Fifth Circuit cases holding that Texas misdemeanor assault (§22.01(a)(1)) is not a crime of violence because it does not require direct force or intent to support a conviction. U.S. v. Villegas-Hernandez, 468 F.d 874, 880 (5th Cir. 2006).

A conviction for Texas Misdemeanor Assault Family Violence is now a deportable offense.

This effects both  Lawful Permanent Residents (LPRs) who are deportable and non-LPRs in removal proceedings who are ineligible for relief from removal.  

Immigration Consequences of Criminal Convictions: Texas Deferred Adjudication is a Conviction

Don't Learn The Hard Way. What Happens When You Find Out Too Late That Your Criminal Case Will Result In Removal Proceedings If You Are Not A United States Citizen by Walter M. Reaves, Jr. 

This is a great article by Walter Reaves about what to do when a criminal conviction is going to result in removal or deportation for non-citizens. This frequently happens when a non-citizen pleads guilty in Texas in exchange for Deferred Adjudication which is a criminal conviction for immigration purposes. 

 

Baylor Law Immigration Clinic To Host Legal Clinic for DACA Renewals

The Baylor Law Immigration Clinic is offering DACA renewal assistance to undocumented immigrants who's DACA status expires anytime before March 5, 2018. Those who's DACA status expires after March 5, 2018 are not eligible for renewal. The federal government is no longer accepting new applications.

"The deadline for renewal submissions is October 5, [2017] so we are urging DACA cardholders to file their renewal request as soon as possible," said Laura Hernández, professor of law and founder of the Clinic. "If you know someone or need to renew yours, let the Baylor Law Immigration Clinic know. We are absolutely going to help."

If your DACA status expires before or on March 5, 2018 and you would like assistance submitting a renewal, please contact the Baylor Law Immigration Clinic at 254-710-3501 or [email protected].

ALL DACA RENEWALS MUST BE PREPARED AND SUBMITTED TO THE FEDERAL GOVERNMENT BY OCTOBER 5, 2017.

Waco Police Chief says SB 4 won't put Waco PD in immigration enforcement role

Waco Tribune Herald by J.B. Smith

 Waco Police Chief Ryan Holt says Texas’ new sanctuary cities law gives officers leeway to ask about immigration status, but he expects it will be rare and must be done with documentation justifying it.

 

 

Texas Sanctuary Cities law blocked temporarily

U.S. District Judge Orlando Garcia halted major portions of a controversial Texas "sanctuary cities" law scheduled to go into effect on September 1, 2017.  Judge Garcia granted a preliminary injunction of Senate Bill 4, that seeks to outlaw “sanctuary cities.” those that don’t enforce federal immigration laws. 

SB 4 allows local law enforcement officers to question the immigration status of people they detain or arrest and seeks to punish local government department heads and elected officials who don’t cooperate with federal immigration "detainers" — requests by agents to turn over immigrants subject to possible deportation. Punishment could come in the form of jail time and penalties that exceed $25,000.

Judge Garcia halted the part of the bill that required jail officials to honor all detainers, and another that prohibits “a pattern or practice that 'materially limits' the enforcement of immigration laws.” The detainer provision, he said, would violate the Fourth Amendment

Judge Garcia did let stand one of the most controversial portions of the law — allowing police officers to question the immigration status of people they detain. Because the inquiry into status isn’t a prolonged detention, he said, it wasn’t enjoined. But he explained that officers who make the inquiry are limited in what they can do with the information. “If during a lawful detention or arrest an officer obtains information that a detained or arrested individual is undocumented he may not arrest the individual on this basis,” he said, adding that the officer is not required to ask the question. But he said if the officer feels like they should, they can only share the information. “In sum, SB 4 gives local officers discretion to inquire and share information, but it does not provide them with discretion to act upon the information that they may obtain,” he wrote in a footnote to his 94-page ruling.

The bill was scheduled to go into effect Sept. 1, but opponents of the legislation, including the cities of Houston, Austin, San Antonio and El Cenizo, as well as Maverick and El Paso counties and the Mexican American Legal Defense and Educational Fund, argued the bill violates several provisions of the Constitution. Judge Garcia's decision means the bill is on hold until that issue is decided or until the preliminary injunction is appealed. 

The State of Texas plans to appeal the injunction to the 5th Circuit Court of Appeals. 

 

 

Know Your Rights in Texas: Preparing for SB 4

From Immigration Impact

After debate rocked the Texas State Capitol, Governor Greg Abbott signed the controversial Senate Bill 4 (SB4) in May, which purports to ban sanctuary city policies and gives local police the authority to inquire about the immigration status of anyone they detain. Though the law won’t go into effect until September, it’s crucial to know your rights now in relation to SB4.

SB4 allows police officers to question an individual’s immigration status during any and all detentions—even for something as simple as a traffic violation. The law also pushes local law enforcement to comply with federal requests to detain individuals and threatens them with fines, firing, and jail time if they don’t comply.

The American Civil Liberties Union and the cities of Austin, Dallas, El Cenzizo, and San Antonio are currently challenging the constitutionality of SB4, hoping to stop the legislation before it goes into effect. In addition, the American Immigration Lawyers Association recently pulled their major conference from the state, calling the law “unjust, unfair, and unreasonable.”

There is no doubt about the law’s anti-immigrant intent. It clearly encourages racial profiling, jeopardizes community safety, and puts law enforcement officials at risk of violating the constitution.

If SB4 goes into effect, it’s important the community understand their rights. To that end, the Immigrant Legal Resource Center provides these know your rights tips:

• You have the right to remain silent. You do not have to tell anyone your immigration status or place of birth.
• You have the right to not be stopped or detained without reasonable suspicion of a crime. If you fear that an officer has violated this right, try to record the incident and speak with an attorney.
• You have the right to not be discriminated against on the basis of your ethnicity, race, or national origin. This is guaranteed in the U.S. Constitution.
• You should contact an attorney for help if a school or school official asks about your immigration status, or the status of a parent or family member.
• Don’t sign anything you don’t understand, especially without an attorney present.
• Contact an attorney if you are held past your scheduled release time.

This anti-immigrant legislation hides behind the guise of public safety. Communities are safest when local governments determine how to deploy their law enforcement resources. SB4 goes in the opposite direction and will do nothing to build trust between immigrant communities and Texas law enforcement. Photo

Texas House committee advances "Sanctuary Cities Lite" bill

Texas Tribune by Julian Aguilar

The Texas House advanced their "Sanctuary Cities Lite" bill out of committee yesterday. Although less harsh than the Senate bill, it criminalizes heads of law enforcement agencies who do not cooperate with federal authorities, allows law enforcement to question arrestees about their immigration status, and includes college campuses in the enforcement requirements. 

Cops shouldn’t be in the immigration-enforcement business:

“It still creates a chilling effect for immigrants to work with local law enforcement, and it still perverts the mission of local law enforcement,” said state Rep. Rafael Anchia, D-Dallas. “You can be arrested for anything, virtually. It doesn’t require due process, it simply requires probable cause.”

A costly special session is likely this summer if a bill fails to pass as Governor Abbott has identified the legislation as a priority.

 

ICE Enforcement Activity in Waco, Texas

I am hearing from family members of immigrants picked up by ICE at meetings with their probation officers in Waco. If you are undocumented, don't miss your meeting with probation, but be ready with documents to show your connections to the U.S. and phone numbers to call family members. 

Here are links to Family Safety Plans prepared by the Immigrant Services Network of Austin:

Formulario de Planificacion de Seguridad de Familia (Espanol)

Family Safety Plan (English)

Trump's Executive Order: Extreme Interior Enforcement

Yesterday, President Trump signed an Executive Order titled "Enhancing Public Safety in the Interior of the United States."

Answer: Immigration x Trump + Kobach = Bad.* 

Increase enforcement against aliens without criminal convictions, authorize local law enforcement officers to act as immigration officers, hire more immigration officers, cut off funds to jurisdictions who decline to honor detainers or share information with ICE, bring back Secure Communities, make reports listing immigration status of all aliens imprisoned in the U.S., services for victims of crimes committed by removable aliens. 

The order instructs Immigration and Customs Enforcement (ICE) to target "all removable aliens." It prioritizes aliens with any criminal conviction, charge or "who have committed acts that constitute a chargeable criminal offense." This expands criminal aliens to include those charged (but not convicted) and those who have not been charged with a crime. To accomplish this, 10,000 additional immigration officers are to be hired. 

State and local law enforcement officers will be allowed to "perform the functions of immigration officers in relation to the investigation, apprehension, or detention of aliens." This amounts to a national "show me your papers" policy, allowing any law enforcement officer to ask for proof of immigration status, and leading to racial profiling.

The order also defines "sanctuary jurisdictions" as those who refuse or limit requesting, maintaining or exchanging information about immigration status. A list of jurisdictions that decline to honor detainers will be published weekly with a list of criminal actions committed in those jurisdictions by aliens. It also establishes an office to provide services to victims of crimes committed by removable aliens. 

The Priority Enforcement Program (PEP) is terminated and "Secure Communities" is reinstated, which means that any undocumented alien who is arrested will be placed in removal. The order also requires reports listing immigration status of all aliens imprisoned in the U.S.

Maybe the answer should be "Worse."* 

*See, The Mouse and His Child, Russell Hoban, Muskrat's "Us and Them Tables."

**Kris Kobach is an advisor to Mr. Trump on immigration. He is the Kansas Secretary of State and the author of the Arizona "show me your papers" law. 

 

 

Sanctuary Cities Bill introduced in Texas Legislature enables racial profiling

Last week, a Sanctuary Cities Bill was once again introduced in the Texas Legislature. Here is a link to an interview that I gave to Estephany Escobar of KXXV-TV. 

The Bill addresses sanctuary cities (which are not a problem in Texas), encourages "show me your papers" by local police, and requires law enforcement to investigate and record in files on criminal cases when someone is in the U.S. unlawfully.

Sanctuary Cities: 

"Sanctuary city" is a term frequently used for a broad range of situations from entities that refuse to cooperate with Immigration and Customs Enforcement (ICE) to those who create a welcoming environments for immigrants. 

There are no cities in Texas that I am aware of who refuse to cooperate with ICE. Austin is frequently given as an example of a sanctuary city, but the Travis County jail releases individuals to ICE where there is a detainer (request to hold the individual for 48 hours after release from county custody).

Show Me Your Papers:

The bill prohibits policies that prevent law enforcement from inquiring about someone's immigration status. This has nothing to do with sanctuary cities and is a road to racial profiling.

Investigate/Record Requirement:

This requires an affirmative inquiry into the immigration status of each individual that is arrested or charged with a crime. If an individual does not have lawful status, it is to be noted in the file and reported to the judge in charge of the case. The only purpose that this serves is to encourage stiffer penalties for those who do not have lawful status. 

The introduction of this kind of legislation erodes the relationship between law enforcement and the immigrant community and hurts us all.