Immigration Law in Texas

What is Immigration?

Immigration involves moving into a foreign territory with an intention to take up permanent residency there. It can also be the process through which an individual becomes a permanent resident or citizen of a country other than the country of birth. Important terms to know include;

• Immigrants: These are people who move permanently from one region to another. The Immigration and Nationality Act (INA) defines an immigrant as any alien in the United States (US), except one legally admitted under specific nonimmigrant categories. They go through set immigration processes. 
• Migrants: These are people who move outside their homes (domestic migration) or from their home countries (international migration). It is a more generic term, and migrants may move in the hopes of creating a better life, such as for education, work, etc. They may not always use legal pathways and may be undocumented. They differ from immigrants in that their move is often not permanent. Out of the 220 million migrants in the world in 2010, almost one in five were residents in the US, according to statistics published by the US Department of State.
• Refugees: These are in a class of their own. It relates to persons who have fled their homes or countries of residence due to direct threats of persecution or death. All of these classes fall under immigration as the term refers to the process through which these people move into a new country region. 
  
  

The US has been described as the "world's most generous country for immigration." Upwards of 75 million people currently living in the US are immigrants (foreign-born persons and children of foreign-born persons) based on reports published by the US Department of State. More particularly, Texas is one of the favorite destinations for both domestic and international immigration. Foreign immigrants are more likely to settle in border counties. Immigration to the lone star state accounted for almost half of its total population growth between 2010 and 2016, based on a study published by the Comptroller for Public Accounts. 

It may be important to differentiate between an immigrant and an alien. An alien is a person who is not a citizen of the host country and mostly resides there temporarily, while an immigrant is a resident who relocates to live in another country, usually on a permanent basis. 

A foreigner who wishes to come into the US must do so in accordance with US laws and regulations. Such a person must receive permission from the US government through the US embassy or consulate in their home country. The permission is often in the form of a visa and must be obtained before getting a permanent residency card in order to become a lawful permanent resident. A visa is a permit to travel to, enter, and remain in the US. It is placed in the traveler's passport - a document issued by their country of citizenship. There are two categories of visas - immigrant visas and non-immigrant visas. The latter is for temporary visits to the US, such as for business, holiday, or schooling. Immigrant visas are for more permanent reasons - for individuals who wish to become domiciled in the US. Notably, it is possible for certain international travelers to enter the US without visas if they meet the qualification for visa-free travel. 

What does Immigration Mean?

Immigration presents broad issues and may be difficult to fit into one box. Any definition of the term, however, must capture the mobilization of people from foreign territories into the US and the resulting effects on the population. It must also include the institutions and persons that regulate immigration to the US. Presently, the federal government of the US regulates the borders and has the primary obligation to enforce immigration laws. 

State and local governments can choose whether to cooperate with federal law and what rights to afford to legal and illegal immigrants. States can make legislation to this effect. An example of such is § 752.001 of the Government Code Chapter 7, which establishes the Office of Immigration and Refugee Affairs, created within the Texas Department of Human Services to provide public and private facilities for immigrants and refugees within Texas. 

Among several institutions regulating immigration, the US Immigration and Customs Enforcement (ICE) is in charge of criminal and civil enforcement of federal laws regulating border control, customs, trade, and immigration. The US Citizenship and Immigration Services (USCIS) provides immigration-related services and benefits, determines eligibility, grants green cards, etc. These are two of the most important immigration agencies in the US. 

What is Immigration and Naturalization?

Immigration and naturalization may be described as complementary. While immigration deals with the process of foreigners lawfully coming into the US, naturalization better relates to the procedures by which foreign nationals become US citizens. A person, after immigration into the US, may apply to be naturalized. It is more common for such persons to already be residing in the US when they apply. 

Naturalization confers citizenship to foreign nationals who have fulfilled the requirements stipulated in the Immigration and Nationality Act (INA). There are legal pathways for eligible individuals to become US citizens. Some of the legal requirements include, amongst others:

• Being a green card holder for at least five years
• Being of age (18 or above) 
• Having no criminal background and being of good standing
• Being physically present in the US for at least 30 months out of the last five years before submitting the application.
  
  

The USCIS is responsible for processing immigration and naturalization applications and making policies for them. A report published by the USCIS showed that 625,400 new citizens were approved in the 2020 fiscal year, in spite of the coronavirus. Out of these, three states including Texas were home to more than 40 percent of the total number. 

Many factors determine the naturalization rates such as demographic characteristics, the legal basis for immigration, and the period in which the Lawful Permanent Residency status was obtained

Immigration vs Emigration

Immigration and emigration may be characterized as being very similar to each other. Any differences that exist will depend on the perspective. The key difference between them is the fact that immigration borders on entry into a country while emigration is exiting one's country. Either of them may be influenced by similar factors such as a job or school opportunities or reuniting with family. The interaction between both concepts in one region equals net migration. When more people come into a region than exiting it in a given time frame, it will be said to amount to a net migration gain. The opposite case will be a net migration loss.

A study published by the Comptroller for Public Accounts shows that Texas ranks highest in net domestic migration with about 867,000 new residents in the period between 2010 and 2016. 

How to Get a US Green Card

A US Green Card is a US lawful permanent residency that enables the holder to live and work permanently in the US. It is officially referred to as a "Form I-551" or a Permanent Resident card. It gives a person official immigration status and the right to enjoy benefits as a US citizen. Plus, a green card provides the opportunity to become a US citizen after a period of time.

 The USCIS stipulates the processes for acquiring a Green Card. An applicant may either be outside the US or already within its borders. The latter procedure is known as "Adjustment of Status" while applying from a foreign country is "Consular processing". It must be noted that only eligible individuals are able to submit an application for a US Green Card. There are eligibility criteria a prospective applicant must fall into in order to be able to file for a permanent resident card. Some of these include:

• Green Card through Family: This is regarded as a family-based visa and it is the most common method of acquiring a green card. Under this category, a distinction is made between a US citizen and a Green Card holder. A US citizen may render "immediate relatives" (spouses, children, and parents) and also more distant, specific relatives, eligible to apply. On the other hand, a lawful permanent residency only extends to immediate relatives of the holder. 
  
  To apply, the Green Card holder looking to aid a non-resident family member must file Form I-130, Petition for Alien relative. The lawful resident must also show certification of their permanent residence and proof of relationship to the family member. Such proof may be a marriage or birth certificate. 

• Green Card through Employment: This application is to be completed and filed by the employer of the foreign worker. Form I-140, Petition for Alien Worker is in respect of the person to be hired. To be eligible, the alien must be living in the US, have Form I-140 approved and there must be a green card available for this category. The person must submit a Form I-485, the Application to Register Permanent Residence or Adjust Status with other necessary documents such as a medical examination, Form I-693; a copy of the approval notice for Form I-140; a letter from the employer with the job offer, etc. The alien may also go through Consular processing when they are outside the US. Both the USCIS and the Department of State work together to approve Form I-140 and issue the green card when it becomes available. 
  
  Additionally, some individuals may not require a job offer to apply for a green card when they have extraordinary abilities in science, education, arts, etc - they get a National Interest Waiver. These people may self-petition and file Form I-140 and subsequently Form I-185 in addition to the earlier listed documents. People who qualify under this category are Nobel Prize winners and famous athletes. 

• Green Card through Asylum: an asylee is different from a refugee because the latter has to apply from their home country while an asylum seeker applies for asylum status when already within the US borders. An asylee is eligible under the INA where they were persecuted on the basis of race, religion, political opinion, etc or they have fear of such persecution upon their return. 
  
  An asylee can file for a green card one year after receiving a grant of asylum. They must have been present for one year after being granted asylum status, still meet the conditions for asylum, and must not have resettled in any foreign country. An applicant must file a Form I-485, Application to Register Permanent Residence or to Adjust Status to get a permanent residence. 
  
  

There are several other methods available to hopefuls looking to acquire a green card in the US. It is important to remember that speaking to an immigration lawyer would be beneficial for getting better clarification on the law, procedures, and best options advisable for obtaining a US green card. 

What are Texas Immigration Policies?

Texas immigration policies are the collection of programs and mandates enforced by the Texas government through its Agencies and Departments relating to immigration law and border control within the state. Some of them include:

• Senate Bill 4 (SB 4): Any important discussion on Texas immigration policies must be predicated on the Senate Bill 4 (SB 4) passed in 2017. The law restricts sanctuary cities like Austin and Travis which had limited cooperation with ICE. SB 4 requires all Texas Law Enforcement Agencies to cooperate with federal immigration authorities. For example, in complying with ICE detainers, detained or arrested immigrants may be asked about their immigration status. An ICE detainer is a 48-hour hold issued by ICE based on probable cause that a person has violated immigration restrictions. 
  
  It also punishes local government agencies for not enforcing federal immigration laws by cutting funding to such communities. Thus, it restricts local sheriffs and local police chiefs from directing their departments on enforcing immigration policies that run contrary to federal law. 

• Operation Lone Star: The Texas government, in 2018, issued a disaster declaration over 48 counties directing the Department of Public Safety to "use available resources to enforce all applicable federal and state laws to prevent the criminal activity along the border, including criminal trespassing, smuggling, and human trafficking, and to assist Texas counties in their efforts to address those criminal activities". Military personnel has been activated to support this policy. The program has been characterized as a necessary disaster response to deter and stop illegal border crossings into Texas and by extension, the US. 

• U.S. Immigration and Customs Enforcement (ICE) 287(g) Program: Another immigration policy in force in Texas is the ICE 287(g) Program,removal%20from%20the%20United%20States.). Although it is a federal program, it creates partnerships with state and local law enforcement agencies to identify and remove non-citizens who are amenable to removal from the US.
  
  

Importantly, immigration laws and policies are constantly changing with new administrations. It is best to speak to an attorney with the most current information on such developments for guidance. 

What are My Rights as an Immigrant in Texas?

An immigrant living in Texas usually possesses the same rights as an immigrant living in any other part of the US since the laws relating to immigration are largely governed by federal law. Texas, in addition, has some special provisions for immigrants as well - an example is the Children's Health Insurance Program through which Texas provides comprehensive health insurance coverage for the unborn children of US citizens and more importantly, some qualified non-citizens (immigrants).

An immigrant in Texas enjoys many fundamental rights available to US citizens. Some of these rights include:

• The right against racial profiling: Immigrants living in Texas cannot be accosted in public places to answer questions about their immigrant status or where they were born. Senate Bill 1074 protects a person living in Texas from being subjected to racial profiling by law enforcement agencies. 

• The right to privacy: an immigrant may request to see a search warrant before letting officers into their home. An ICE deportation warrant is different from a search warrant signed by a judge and does not entitle officers to enter the house. A valid search warrant must have the correct name of the immigrant to be executed against them. 

• The right to remain silent: The constitutional protection applies to immigrants and no one can be compelled to speak to immigration officers when arrested or detained. An immigrant being confronted by ICE agents may elect to remain silent during interrogation. They do not have to speak to ICE agents or respond to questions. Immigrants are only required to give their names, residence addresses, and dates of birth. It is important also, to inform the immigration officers of the decision to remain silent. 

• The right to speak to a lawyer: when detained, an immigrant has the right to request to speak to a lawyer. Handing a signed DHS Form G-28 to the officers shows that the immigrant has a lawyer and wishes to speak to them. A lawyer should also be provided to an indigent detainee. An immigrant equally has a right to reach out to the consulate of their home country who may render assistance or offer the assistance of a pro bono lawyer. Notably, the right to speak to a lawyer includes the provision of facilities for private consultations with an attorney in the absence of immigration officers. 

• The right to liberty: an immigrant has the right to leave a building or a public area if they are uncomfortable unless they are being detained by an officer. They may ask the officer if they are being detained and the reasons for detention when stopped by an ICE agent. 

What does an Immigration Lawyer do?

An immigration lawyer conducts legal matters that relate to immigration. A legal counsel helps to resolve complex issues arising from immigration into the US. There are several functions performed by immigration lawyers, such as; 

• Preparing and filing immigration applications: An attorney assists clients in processing applications for visas or for obtaining a green card. The steps for applying for these may be complicated without the help of a lawyer. 
• Legal representation in court: An immigration lawyer may represent clients facing deportation or removal proceedings. This will require the legal counsel to negotiate with ICE lawyers and advocate for the client's case before immigration judges (for example, the client's eligibility for immigration reliefs). Court hearings are a complicated affair and may be insurmountable for an unrepresented respondent. 
• Consultancy: Lawyers also provide information and guidance on immigration matters. Attorneys advise clients on issues such as the procedure for filing applications without necessarily having to prepare and submit applications on their behalf. They may also help in translating documents and advising clients on their rights and privileges as immigrants
• Mediation: An immigrant in custody will need to immediately speak to an attorney to ensure that there is no infringement of fundamental rights. An immigration lawyer will be present during the interrogation of the client by the authorities and will act as a mediator between both in considering any plea offer or other documents to be signed. 
  
  

An attorney representing a detained individual will take steps to determine the exact location of their client. They may also submit a DHS Form G-28 to the ICE to show that the client has legal representation. Furthermore, the attorney may request a private audience with the detainee in order to help the latter understand the charges against them and prepare a suitable defense. These are a few of the steps an immigration lawyer would follow when an immigrant has been detained by ICE. An immigrant should immediately contact an attorney upon being detained by immigration authorities so as to avoid making a statement or signing any plea offers that may be detrimental to them. 

Are Immigration Lawyers Expensive?

The cost of procuring the services of an immigration lawyer depends on different circumstances, including but not limited to; the in-house policies of their law firms, the type of immigration-related case to be handled, the qualification or experience of the lawyer, the nature of employment (some lawyers may be paid retainer fees while others may be paid on an hourly basis), etc. The cost of getting an attorney should not deter persons in need of legal representation from conferring with them as their fees are minimal compared to the risk of deportation or the loss of contact with family and friends, among others. Moreover, many immigration lawyers offer a free consultation to prospective clients before the decision on providing legal representation. 

There are always different options offered by law firms for people who may not be able to afford legal representation. A number of immigration lawyers and law firms in Texas offer pro bono services to indigent immigrants in need of legal services. An example is the Harris County Office of Managed Assigned Counsel (MAC) which is a court system for managing appointments of qualified attorneys to represent indigent clients accused of crimes. MAC attorneys offer pro bono services even though they usually have their own private practice. 

It is advisable for a client to consult with an attorney and get comfortable with communicating with their attorney handling their case. Many attorneys charge an initial consultation fee ranging from about $100 to about $400. The fees for a deportation case may range from as low as $1500 to as high as $10,000 depending on the complexity of the case.