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Texas Immigration And Criminal Defense Law Blog

Man with drunk driving conviction back in custody

There are certain situations in Texas where criminal law and U.S. immigration law might intersect. For instance, many jails are used to detain people who are arrested on suspicion of crimes, and then -- for various reasons -- the detained individuals wind up being transferred to immigration detention centers. One man in another state was recently arrested, and now Immigration Customs and Enforcement officers are saying he is not even supposed to be in the United States; they also noted a prior drunk driving conviction.

The man is currently being held in a county jail, but he is officially under ICE custody. He was deported to Mexico a few years ago but authorities say he somehow re-entered the United States and was recently arrested for numerous traffic violations, including driving without a valid license. ICE says he is on their radar and that he was using a false ID.

Drunk driving charges are serious in Texas

Texas laws forbid drivers from being intoxicated. The drunk driving laws here are strict and don't leave any room for impairment. Police officers in this state actively look for drivers who are showing signs of impairment. When an officer has reasonable suspicion that a person operating a vehicle is drunk, they can pull that car over and work to determine what's going on.

There are a few points that anyone who is going to consume alcohol should know. These might help you to prevent having to face criminal charges. If you are already facing charges, the following may be helpful as you plan your defense strategy.

Will father of five face removal proceedings?

Some Texas men likely know what it is like to drive a woman to the hospital to give birth. Such situations are often stressful. One couple was recently on their way to a medical facility in another state when they decided to make a quick stop at a gas station along the way. What happened after that has forever-changed their lives; the husband may now have to face removal proceedings. 

The couple was about to welcome their fifth child into the world. Several of their children were born in the United States. Both parents, however, come from Mexico, and neither of them had their paperwork in order upon arrival. They have lived in the U.S. for many years.

Can I help my sister get a green card in the United States?

If you're a naturalized citizen in the United States and your family still lives in your home country, it's understandable that you'd want help them come to the United States to live with you. If you are a U.S. citizen (by birth or naturalization) and you're 21 years of age or older, you may be able to help your siblings obtain permanent residency in the United States.

Here's what U.S. citizens can do to assist their siblings to live and work in the United States:

Mother says immigration law officials were negligent re her child

Many Texas mothers can relate to one woman's journey to the United States, who says she fled her country of origin with her three children in fear of continued violence from her abusive husband. Sadly, some mothers may also be able to attest to negligent behavior on the part of immigration law officials. The woman said officials where she and her children were held failed to obtain emergency medical attention for her 5-year-old daughter when they needed it, and because of that, the child almost died.

The woman initially thought her child's discomfort was due food her daughter ate when immigration officials first detained them. However, her daughter's condition rapidly declined, with lower abdominal pain and other symptoms worsening by the hour. The woman says she repeatedly asked officials to help her get medical attention for her daughter, but all they did was give her some type of liquid medication.

Basics of the naturalization test

There are many key moments in the process of applying to become a citizen of the United States. One is the naturalization interview. Among the things this interview typically involves is the naturalization test. What does this test entail? Today, we’ll go over some of the basics of this test.

The test consists of two parts: civics and English. Generally, a person needs to pass both parts in order to have an application for U.S. citizenship approved. There are some limited circumstances in which a person may be eligible for an exemption or waiver.

Important tips for immigrants coming into the United States

There are a lot of considerations for a person immigrating into the United States. With the constantly changing guidelines, regulations and other shifting aspects of immigration, it is imperative that you have a complete understanding of what you need to do and what rights you have here.

You will probably have a lot on your mind when you first make it to this country. Here are a few reminders that you might find beneficial.

The truth about medical repatriation

In the United States, the law requires that hospitals treat anyone in need of a medical emergency, regardless of immigration status. For example, if you are in sudden need of surgery, a hospital will treat you until you are stable.

However, after a patient is stable, the hospital must move them to a new facility in order to recover, be it home, a rehabilitation center, or nursing home. When undocumented immigrants come into the hospital to be treated, some hospitals resort to medical repatriation after stabilization.

New visa policies could lead to instant deportations

Immigrants in Texas and across the U.S. could have their visa applications suddenly rejected for clerical errors and other mistakes, according to new policy memos issued by U.S. Citizenship and Immigration Services. According to immigration experts, applicants who have their visas denied could be immediately deported.

Prior to the new policy memos, USCIS officials were required to send "Requests for Evidence" to people who had missing or inaccurate information on their visa applications. This allowed applicants 30 days to provide the required information before their visa would be rejected. However, a new policy memo issued in July gives USCIS officials the right to immediately deny applications if they are missing any required evidence. The policy, which will take effect on Sept. 11, applies to both new visa applications and renewals.

Sanctuary cities are no more

In early March, Texas ruled in favor of banning sanctuary cities. What are sanctuary cities, you ask? These are places that offer protection to illegal immigrants, due to their not needing to identify their status of citizenship. The federal government is the primary enforcer of immigration laws; however, state officials were previously able to choose whether or not to follow their policies.

Sanctuary cities were rare, but available, to immigrants, until Republican governor, Greg Abbott passed Senate Bill 4 (SB4). This bill allows police to inquire about the immigration status of anyone that they come across. Any violation of this law on official's end will lead to consequences of a hefty fine or misdemeanor charges.

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