What Every Immigrant in Texas Needs to Know About Their Rights – Especially With a Criminal Record

For millions of immigrants across the United States, Texas offers a place of opportunity, family, and community. But as legal battles intensify over state-level immigration enforcement and as criminal records quietly jeopardize immigration status, knowing your rights has never been more critical.

In recent months, legal experts have warned that many immigrants in Texas — even those with valid visas or green cards — could be putting their futures at risk by not fully understanding how federal law protects them, or how a past offense could trigger deportation proceedings. One Houston-based firm, Mokolo Law, has taken the lead in offering education and representation on this complex intersection.

Federal Law vs. State Enforcement in Texas

Despite high-profile debates in Austin, immigration law remains under federal jurisdiction. That means only federal agencies like USCIS, ICE, and the Department of Homeland Security have the authority to enforce most immigration rules.

Recent attempts by Texas lawmakers to pass state-level enforcement bills (like SB 4, which sought to allow local police to arrest undocumented migrants) have largely been blocked by courts. Legal analysts say this reinforces what many immigration lawyers have argued for years: your rights are rooted in the Constitution, not political headlines.

According to Mokolo Law Firm’s published breakdown on “Your Immigration Rights in Texas”, immigrants — regardless of status — are protected by the Fifth and Fourth Amendments, including:

• The right to remain silent during questioning
• Protection from unlawful searches and seizures
• The right to a hearing before removal
• Access to legal counsel (though not court-appointed in immigration cases)

These protections are especially critical for those stopped by law enforcement or immigration agents in Texas, where local involvement can create confusion.

When a Criminal Record Complicates Your Immigration Journey

For many immigrants, the bigger threat doesn’t come from ICE raids or border patrol — it comes from a prior criminal conviction. And in immigration court, the consequences can be more severe than most realize.

According to Mokolo Law Firm’s guide on criminal records, certain offenses — including some misdemeanors — can:

• Make you inadmissible for a visa or green card
• Trigger deportation proceedings, even after years of legal residence
• Block naturalization, even if you’re otherwise eligible
• Lead to lifetime reentry bans if classified as an “aggravated felony”

Offenses involving fraud, controlled substances, domestic violence, and theft are among the most damaging. The trouble is, many immigrants don’t realize that immigration law has its own definitions of crimes, separate from how they’re classified in state court.

“Something as simple as a plea deal you took years ago to avoid jail time can now be the reason your green card is denied,” one Texas immigration attorney explained. “And once removal proceedings begin, the window to act gets very small.”

Legal Relief May Still Be Available

Fortunately, not all is lost. There are legal remedies for some immigrants facing inadmissibility or deportation due to criminal history, including:

• Waivers of Inadmissibility
• Post-conviction relief (reopening past criminal cases)
• Cancellation of Removal for long-term residents with strong family/community ties
• Asylum or Withholding of Removal if returning to home country poses danger

However, these strategies are legally technical and time-sensitive. Immigration attorneys — especially those with criminal law experience — are critical in identifying options and avoiding further harm.

Final Thoughts: Stay Informed, Not Afraid

Texas remains one of the most active states in the national immigration conversation. But the laws that affect your future are rooted in federal systems — and they come with both risk and protection.

Whether you’re pursuing a green card, defending against deportation, or simply unsure how a past mistake could affect your immigration status, the best defense is preparation. Stay informed. Keep your records. And when needed, speak to a legal professional who understands how immigration and criminal law overlap.