Your Immigration Rights in Texas

Navigating U.S. immigration law can be difficult. If you are staying in Texas (or thinking about it), it's essential to be aware of your rights, whether you are a legal immigrant, undocumented, or fall somewhere in the middle. This article aims to clearly outline your important rights, potential protections, and practical actions to take.

Supremacy of Federal Law Over Texas Law

First, it's important to understand a key legal concept: immigration enforcement is mainly a federal issue, not a state one. Immigration laws are made by the U.S. Congress, and federal organizations (like U.S. Citizenship and Immigration Services / USCIS, Department of Homeland Security / DHS, and Immigration and Customs Enforcement / ICE) are responsible for implementing and enforcing these laws.

Recently, Texas tried to establish laws (for example, Texas Senate Bill 4) that would give local or state officials the power to arrest or deport individuals suspected of illegal entry. However, many of these laws have been blocked by the courts, ruling them clash with federal authority. Thus, while local laws may seek to impact immigration enforcement, your rights are ultimately determined by federal legislation.

The Right to Stay Silent, Avoiding Self-Incrimination

If you encounter law enforcement (including immigration agents), you are entitled to remain silent. You do not have to respond to questions regarding your immigration status. This right is based on the Fifth Amendment, which protects against self-incrimination.

You can politely refuse to respond to questions about your immigration status.

You may request to speak with a lawyer before providing answers.
Do not provide false information to officers, but refrain from sharing extra information without being asked.

It is often beneficial to keep a “Know Your Rights” card or document ready, especially if English is not your primary language.

Protection from Illegal Searches and Seizures

The protections of the Fourth Amendment apply to everyone in the U.S., regardless of immigration status. This means:

Law enforcement typically needs a warrant or just cause to enter your home.

They cannot forcibly come into your home without a valid reason (unless there are emergency situations).

If you are stopped in a public place, they must have reasonable suspicion that you have committed a crime or, in certain immigration scenarios, that you are violating immigration laws to detain you.

If law enforcement detains you or conducts an illegal search of your property, you may be able to answer any evidence in court.

Rights During Immigration Proceedings

If you are facing removal (deportation) proceedings, you possess specific statutory and constitutional rights:

to. Right to a Hearing and Legal Representation

You have the right to hear in front of an immigration judge to dispute removal orders.

You are entitled to have an attorney (at your own cost). If you cannot afford one, the court will not assign you a free lawyer, but you might be able to obtain pro bono assistance or help from legal aid groups.

b. Options or Defenses Against Removal

Depending on your circumstances, you may be able to seek relief from deportation, such as:

Asylum—if you fear persecution in your home country due to race, religion, nationality, political views, or belonging to a specific social group.
Withholding of removal or protections under the Convention Against Torture (CAT) apply to individuals who are not likely to face persecution but are still at risk.

Cancellation of removal—You may ask for cancellation if you meet certain requirements like continuous presence and good moral character in some situations.

Adjustment of status—If you qualify to become a lawful permanent resident (green card holder), you may be able to submit your application without leaving the United States.

Voluntary departure—This option allows you to leave on your own within a set time instead of facing forced removal.

c. Appeal rights

If an immigration judge makes a decision against you, there may be a possibility to appeal to the Board of Immigration Appeals (BIA) and potentially to federal court, depending on your situation.

Rights Related to Detention

If ICE or another federal immigration authority detains you, you can challenge your detention and, in many situations, request a bond hearing to be released under certain conditions.
The law mandates that the conditions of detention must adhere to fundamental constitutional standards, including proper medical care and safety.

The detention of families and children is subject to stricter regulations, and courts have, in many instances, enforced protections and limitations.

For instance, there is a facility in Texas named the “T. Don Hutto Residential Center” that is designated for the detention of immigrants.

Rights to Work, Documents, and Benefits (When Applicable)

If your immigration status permits, you might have rights to:

Work authorization—Some statuses (like asylum or adjustment of status) allow you to apply for an Employment Authorization Document (EAD).

Obtain documents such as a Social Security number, state driver's license, or identification, depending on local laws.

Access specific public benefits, although eligibility is restricted by federal law.

Renewal or replacement of status documents—You have the right to request the renewal of green cards, visas, or to get replacements for lost documents, as long as you meet the necessary criteria.

It is important to always refer to the latest USCIS guidelines or seek advice from a lawyer since regulations may change.

Protection Against Discrimination and Retaliation

You have the right to not face discrimination due to your immigration status, race, national origin, or religion, particularly concerning:

Employment (if you are legally allowed to work).

Housing (in various areas).

Education and access to public services.

In addition, you are safeguarded against retaliation (for instance, negative actions taken by your employer) when you assert your legal rights.

Practical Steps to Consider

Seek the help of a capable immigration lawyer, especially for matters like removal proceedings, asylum requests, or changing your status—errors can be costly or permanent.

Keep records of everything.

Maintain copies of your visa, I-94, receipts, notices from USCIS or ICE, and all correspondence you obtain.

Be aware of your time limits.

Immigration law has deadline specifics for submitting documents (like appeals or motions).

Be wary of advice from non-lawyers.

Dishonest or unqualified "notarios" could lead you astray. Always check their credentials.

Create a family safety plan.

If you are taken into custody, your family should know who your lawyer is and how to access your records.