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Understanding Immigration & Deportation in Texas: A Legal Emergency Lawyers™ Analysis
Welcome to Attorney911, where we serve as your first responder to legal emergencies. In our ongoing commitment to provide Houston and Texas families with expert legal insights, we recently hosted a critical discussion on our Attorney 911 The Podcast with one of Texas’s most experienced immigration attorneys, Magali Suarez-Candler. With over 35 years of exclusive practice in immigration law, Magali joined our managing partner, Ralph Manginello, to break down the complex realities of immigration enforcement, deportation proceedings, and what a changing political landscape means for Texas families. As a Houston-based personal injury and criminal defense firm with 25+ years of experience in Texas courtrooms, we recognize that immigration concerns often intersect with criminal charges and personal injury claims, creating a perfect storm of legal emergencies that require immediate, expert intervention. This comprehensive analysis will explore every facet of the conversation, providing you with the knowledge you need to protect your rights and your family.
Meet the Expert: Magali Suarez-Candler’s 35-Year Immigration Journey
Magali Suarez-Candler began her legal career with a passion for civil rights, turning down insurance defense work to join Catholic Charities in 1990, where she primarily handled asylum cases for Central Americans. What began as a planned two-year commitment evolved into a decade of nonprofit leadership, followed by nearly 15 years as a partner at a major firm, and now over a decade running her own successful practice. Her 35-year tenure means she has navigated multiple presidential administrations and witnessed firsthand the evolution of immigration policy. This depth of experience is crucial when facing legal emergencies, much like the experience our own Ralph Manginello brings to catastrophic injury and complex criminal defense cases. Ralph, admitted to the Texas Bar in 1998 and the U.S. District Court for the Southern District of Texas, understands that true expertise is forged through decades of courtroom battles, whether fighting billion-dollar corporations in the BP explosion litigation or securing multi-million dollar settlements for clients with life-altering injuries.
How Do Immigrants End Up in Deportation Hearings in Texas?
Understanding the pathways into removal proceedings is the first step in prevention. As Magali explained, there are several common ways individuals find themselves facing an immigration judge in Texas.
1. Apprehension at the Border
The most direct path is being caught attempting to enter the United States without authorization at the border. This has been a consistent enforcement practice for decades. For those already in Texas, this may seem distant, but it underscores the government’s focus on recent arrivals without status.
2. The Danger of Unauthorized Practice of Law (Notarios)
A tragically common scenario in Houston and across Texas involves individuals who have been living in the U.S. without incident—having entered illegally or overstayed a visa—who are then misled by a notary public (notario) engaging in the unauthorized practice of law. These notaries often promise eligibility for benefits or status adjustments. When the ill-prepared application is inevitably denied by U.S. Citizenship and Immigration Services (USCIS), it triggers a review of the applicant’s status. The result? A notice to appear in removal proceedings because the government now has confirmed the individual lacks legal status. This is a devastating example of how seeking help from the wrong source can create the very legal emergency one hoped to avoid.
3. Contact with Law Enforcement
This is where immigration law critically intersects with the criminal defense expertise we provide at Attorney911. As Magali noted, individuals can be placed into removal proceedings following an arrest, even if they are never formally charged or convicted. Scenarios include:
- Being involved in a car accident (a common personal injury scenario)
- Being a victim or participant in a disturbance or fight
- Any interaction where police run a routine check and discover an immigration hold
In Texas, particularly in Harris County and surrounding areas, jails have agreements with Immigration and Customs Enforcement (ICE) allowing daily checks. If you are booked, even for a minor offense or as a victim, ICE can issue a detainer. This is a crucial point: Your immigration status is not protected simply because you are the victim of a crime or accident. At Attorney911, we’ve seen this firsthand. Our criminal defense team, led by Ralph Manginello—a member of the elite Harris County Criminal Lawyers Association (HCCLA)—understands that an arrest for a Class B misdemeanor like a minor assault or even a DWI can have consequences far beyond the Texas criminal case. It can unravel a life built over decades in Houston.
The Reality of “Mass Deportation”: Logistical Challenges and Likely Targets
A major theme of the discussion was the practical reality behind political rhetoric about large-scale deportation efforts. Magali, having practiced through multiple administrations, provided a grounded perspective.
Who is Actually Vulnerable?
Magali expressed skepticism about door-to-door operations, noting she’s never seen them in 35 years. Logistically, as Ralph pointed out from his experience running a high-volume personal injury practice, finding people is difficult even when you have a name and last known address—much less for a government agency. The most likely targets, according to Magali, are individuals who are already known to the system:
- People with Existing Deportation Orders Who Report to ICE: Many individuals with old removal orders are on an Order of Supervision. They report regularly to ICE, have addresses on file, and may even have work authorization. They are compliant, but easily located.
- Individuals in Custody with Serious Criminal Charges: Those awaiting trial in local jails on serious charges, where ICE can easily assume custody.
- Recent Arrivals Without Legal Pathways: Those caught at the border or who have recently entered without inspection.
The notion of deporting millions quickly, Magali and Ralph agreed, faces immense logistical hurdles. The government would need to navigate court dockets, find people, and coordinate transportation on an unprecedented scale. However, the fear and uncertainty such rhetoric creates is itself a powerful tool. This is why proactive legal counsel is not a luxury—it’s a necessity. Just as we advise personal injury clients to contact us immediately after an accident before evidence disappears or statutes of limitations run, individuals with immigration concerns must seek expert advice before a crisis occurs.
The Critical Intersection of Criminal Law and Immigration Status
This portion of the discussion is where Attorney911’s core expertise becomes vital. Magali highlighted several shocking truths that every immigrant, criminal defense attorney, and personal injury lawyer in Texas must understand.
Green Cards Are Not “Permanent” If You Commit Crimes
A foundational misconception is that a Lawful Permanent Resident (green card holder) is secure. This is dangerously false. Certain criminal convictions can make a green card holder deportable and strip them of their residency. This is true even for crimes that may seem minor to the average person.
The “Aggravated Felony” Trap: When a Texas Misdemeanor Becomes a Federal Catastrophe
This is perhaps the most critical knowledge gap. Under U.S. immigration law, an “aggravated felony” is a specific legal term that encompasses many offenses that are not classified as felonies under Texas law. For example:
- A Class A misdemeanor in Texas with a one-year probated sentence can be an “aggravated felony” for immigration purposes.
- A deferred adjudication, which for a U.S. citizen is not a final conviction, is considered a conviction under immigration law if the defendant admits to the essential elements of the crime.
The consequences are devastating: An aggravated felony makes an individual deportable, often with no relief available, and can permanently bar re-entry. It can also prevent a green card holder from naturalizing.
Why You Need an Immigration Attorney AND a Criminal Defense Attorney
Magali and Ralph were unequivocal: If you are not a U.S. citizen and are facing criminal charges in Houston or anywhere in Texas, you must consult with an experienced immigration attorney in conjunction with your criminal defense lawyer. A well-meaning criminal defense attorney, unfamiliar with immigration law’s bizarre parallels, can unknowingly secure a plea deal that keeps their client out of Texas jail but guarantees their deportation. For instance, pleading to a one-year probated sentence for a theft charge might seem like a win—no jail time! But in immigration court, it’s an aggravated felony requiring removal.
At Attorney911, our approach is integrated. While we are not immigration attorneys, our 25+ years of criminal defense practice means we know the catastrophic immigration consequences that can flow from certain pleas. We work proactively with trusted immigration counsel like Magali to ensure our client’s criminal defense strategy protects their entire future, not just their immediate freedom. This collaborative, big-picture strategy is what sets true advocacy apart from mere case processing.
Protecting Dreamers, TPS Holders, and Those in the Legal Pipeline
The conversation turned to those with temporary status or pending applications. Magali described the potential human and economic cost of targeting individuals with Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS).
- Dreamers (DACA): Typically individuals who arrived as children, graduated from Texas high schools, and are often college-educated professionals contributing to the Texas economy.
- TPS Holders: Individuals from designated countries (e.g., El Salvador, Honduras) who have been legally working and paying taxes in the U.S., sometimes for over 20 years.
Targeting these populations would be logistically easier (they are documented and known to the government) but economically disruptive and, as Magali noted, would shock the conscience of many Americans who know them as neighbors, employees, and community members.
For those with pending applications, the legal pipeline is governed by statutes and regulations. Dramatically altering or halting this process would require congressional action or massive regulatory overhaul, which takes time. However, the uncertainty creates anxiety. Magali’s advice: If you are eligible for a benefit (adjustment of status, naturalization, etc.), consult with an expert immediately about the strategic timing of filing.
Attorney911’s Perspective: Legal Emergencies Demand Immediate Action
Listening to Magali’s expertise reinforces a core principle at our firm: In any legal crisis, time is your enemy. Evidence disappears, deadlines pass, and situations deteriorate. This is true whether you’ve been in a catastrophic 18-wheeler accident on a Texas highway, are facing DWI charges that threaten your immigration status, or have an unresolved immigration concern.
Our Firm’s Insider Advantage in Related Matters
While Attorney911 does not practice immigration law, our work in criminal defense and personal injury constantly intersects with these issues. Our associate attorney, Lupe Peña, brings a critical insider advantage. Before joining us to fight for victims, Lupe worked for years at a national defense firm, learning firsthand how large insurance companies and government agencies build cases, value claims, and strategize. He knows how systems work from the inside. This means when we represent a client who is injured in a car accident and also has immigration concerns, we understand the full landscape of pressures they face. We know that an insurance adjuster might see a vulnerable individual as an easy target for a lowball settlement. We fight to ensure our client’s injury claim is valued fairly and without exploitation, recognizing the compounding stresses in their life.
Documented Results in Complex Cases
Our firm is built on a willingness to take on complex, high-stakes cases that others shy away from. We were involved in the BP Texas City explosion litigation, taking on a multinational corporation. We are currently litigating a $10 million lawsuit against the University of Houston and a fraternity. In the criminal realm, we’ve secured dismissals in DWI cases based on breathalyzer maintenance failures and missing evidence. For a client facing a partial amputation after a car accident, we secured a multi-million dollar settlement. These results demonstrate a pattern: we prepare every case for trial and leverage deep investigative and legal knowledge to win. This same relentless approach is what we advocate for when referring clients to immigration specialists—seek out attorneys with proven, long-term track records, not just promises.
Actionable Steps: What You Should Do Right Now
Based on Magali’s guidance and our own experience with legal emergencies, here is your action plan:
- Get a Consultation with an Experienced Immigration Attorney: Do not go to a notary. Do not rely on internet forums. Seek a lawyer with substantial experience, like Magali. Attorney911 can help connect you.
- If You Have a Criminal Case, Ensure Your Lawyer Consults an Immigration Expert: Before accepting any plea deal, deferred adjudication, or even pre-trial diversion, have the terms reviewed by an immigration attorney. Your freedom to remain in the U.S. could be at stake.
- Be Proactive with Applications: If you are eligible to file for an immigration benefit, discuss the timing with your attorney. In times of uncertainty, having a pending application with USCIS may offer certain procedural protections.
- Know Your Rights in Encounters with Law Enforcement: You have the right to remain silent and the right to an attorney. Do not discuss your place of birth or immigration status with police or ICE agents without legal counsel present.
- For Personal Injury or Criminal Defense Emergencies, Call Us Immediately: If you are injured or arrested, the clock starts ticking. Evidence from your accident scene vanishes within days. Surveillance footage is often deleted after 30 days. In Texas, you have exactly two years from the date of an accident to file a personal injury lawsuit (Texas Civil Practice & Remedies Code § 16.003). Call 1-888-ATTY-911 for immediate assistance.
Frequently Asked Questions (FAQ)
Can I be deported for a minor crime like a DWI or simple assault in Texas?
It depends on the specific circumstances and your immigration status. A single, simple DWI with no injuries typically does not make a person deportable. However, any criminal contact can bring you to the attention of ICE. Furthermore, multiple DWIs or a DWI with aggravating factors can have serious immigration consequences. For green card holders, even a minor crime can be problematic if it falls under the broad definitions of “moral turpitude” or “aggravated felony” in immigration law. Never assume a criminal charge is “minor” for immigration purposes.
I have DACA. What should I do to prepare for potential policy changes?
First, ensure your DACA renewal is filed on time and correctly. Second, consult with an immigration attorney to explore if you have any other potential pathways to permanent status (through a family member, employer, etc.). Third, gather and secure important documents (proof of continuous residence, educational records, employment history). Do not panic, but be proactive and legally prepared.
If I’m injured in an accident but don’t have legal status, can I still file a personal injury claim in Texas?
Yes. Texas civil courts are generally open to all individuals, regardless of immigration status, to seek redress for injuries caused by another’s negligence. Your immigration status should not be a focus of your personal injury case, and a skilled attorney will work to prevent it from becoming one. The value of your claim is based on the severity of your injuries, lost wages, and medical bills, not your citizenship. At Attorney911, we fight for all injured victims in Houston and across Texas.
How can a criminal defense attorney help protect my immigration status?
A knowledgeable criminal defense attorney, like those at Attorney911 who are aware of immigration consequences, can strategize to seek outcomes that minimize immigration risk. This might include negotiating for a true pre-trial diversion (where you don’t admit guilt), advocating for sentences that avoid “aggravated felony” triggers, or pursuing alternative resolutions. The key is early involvement and clear communication between your criminal and immigration lawyers.
What is the fastest way to get help from an immigration attorney?
Magali Suarez-Candler can be reached by calling her office. For immediate legal emergencies related to criminal charges or personal injuries in Texas, call Attorney911 first at 1-888-ATTY-911. We can provide urgent assistance in our areas of expertise and help facilitate connections to trusted immigration specialists if needed. We offer free consultations, and because we work on a contingency fee basis for injury cases, you pay nothing unless we win your case.
Conclusion: Knowledge is Your First Defense
The landscape of immigration law is complex and fraught with peril for the uninformed. As Magali Suarez-Candler made clear, the consequences of missteps—especially at the intersection of criminal and immigration law—can be irreversible. At Attorney911, our mission aligns perfectly with this insight: in a legal emergency, expert guidance is not optional. Whether you are facing the aftermath of a devastating truck accident in Beaumont, serious criminal charges in Austin, or have immigration concerns that fill you with fear, taking informed, swift action is critical.
Ralph Manginello and our entire team bring a combined decades of experience, insider knowledge from former insurance defense attorney Lupe Peña, and a proven record of multi-million dollar results. We are admitted to federal court, have taken on corporate giants, and are trusted by Houston—with a 4.9-star rating from over 251 Google reviews and endorsements from community figures like Trae Tha Truth. We are your Legal Emergency Lawyers™.
Do not let uncertainty or fear paralyze you. If you or a loved one has a legal emergency, call us right now at 1-888-ATTY-911. We are here to answer, to fight, and to protect what matters most: your future, your family, and your rights. Visit attorney911.com to learn more about our practice serving Houston, Austin, and Beaumont. Hablamos Español.
Frequently Asked Questions
Can I be deported for a minor crime like a DWI in Texas?
A single simple DWI typically does not make someone deportable, but any criminal contact can bring you to ICE’s attention. For green card holders, even minor crimes can be problematic under immigration definitions of ‘moral turpitude’ or ‘aggravated felony.’ Never assume a charge is minor for immigration purposes.
What should someone with DACA do to prepare for potential policy changes?
Ensure your DACA renewal is filed correctly and on time. Consult an immigration attorney to explore other pathways to status. Gather important documents like proof of continuous residence. Be proactive and legally prepared without panicking.
If I’m undocumented but injured in an accident, can I still file a personal injury claim in Texas?
Yes. Texas courts are generally open to all individuals to seek redress for injuries caused by negligence. Your immigration status should not be the focus of your injury case. The value of your claim is based on your injuries and losses, not your citizenship status.
How can a criminal defense attorney help protect my immigration status?
A knowledgeable attorney can strategize for outcomes that minimize immigration risk, such as seeking true pre-trial diversion (no guilt admission), avoiding sentences that trigger ‘aggravated felony’ classification, or pursuing alternative resolutions. Early involvement and communication between your criminal and immigration lawyers is key.
What is the fastest way to get help from an immigration attorney?
For immediate legal emergencies related to criminal charges or personal injuries in Texas, call Attorney911 at 1-888-ATTY-911. We provide urgent assistance and can facilitate connections to trusted immigration specialists. We offer free consultations and work on contingency for injury cases—no fee unless we win.
