Your Immigration Rights in Texas

Maneuvering the U.S. immigration law is challenging. If you are living in Texas (or considering doing so), it’s important to know your rights, whether you are a lawful immigrant, undocumented, or somewhere in between. This blog aims to explain your key rights, possible protections, and practical steps you should take in a way that is clear and accessible.

1. Federal Supremacy & Texas Law

First, a crucial legal principle: immigration enforcement is primarily a federal responsibility, not a state-level matter. The U.S. Congress enacts immigration statutes, and federal agencies (such as U.S. Citizenship and Immigration Services / USCIS, Department of Homeland Security / DHS, and Immigration and Customs Enforcement / ICE) administer and enforce those laws.

In recent years, Texas attempted to pass laws (e.g. Texas Senate Bill 4) that would empower state or local officials to arrest or deport migrants suspected of entering illegally. However, the courts have blocked enforcement of many of these laws, ruling that they conflict with federal authority. Therefore, while local laws may attempt to influence immigration enforcement, your rights are ultimately determined by federal law.

2. The Right to Remain Silent & Avoid Self-Incrimination

If you are stopped by law enforcement (including immigration authorities), you have the right to remain silent. You are not required to answer questions about your immigration status. This is grounded in the Fifth Amendment’s protection against self-incrimination.

• You can politely decline to answer immigration-status questions.
• You may ask to speak to a lawyer before responding.
• Do not lie to officers, but also do not volunteer information unnecessarily.

It is often wise to have a “Know Your Rights” card or document prepared, especially if your first language is not English.

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3. Protection from Unlawful Searches & Seizures

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

• Officers generally must have a warrant or probable cause to enter your home.
• They cannot forcibly enter your home without justification (unless exigent circumstances exist).
• If stopped in public, they must have reasonable suspicion that you committed a crime or, in some immigration contexts, that you are violating immigration law, to detain you.

If law enforcement detains you or searches your property unlawfully, that evidence might be challenged in court.

4. Rights in Immigration Proceedings

If you are placed in removal (deportation) proceedings, you have certain statutory and constitutional rights:

a. Right to a hearing & representation

• You have the right to a hearing before an immigration judge, to contest removal orders.
• You have the right to an attorney (at your own expense). If you cannot afford one, the court will not appoint a free attorney for you, but you may qualify for pro bono representation or legal aid organizations.

b. Relief or defenses from removal
Depending on your situation, you may be eligible for relief from removal, such as:

• Asylum — if you fear persecution in your home country based on race, religion, nationality, political opinion, or membership in a particular social group.
• Withholding of removal or Convention Against Torture (CAT) protections (for those unlikely to face persecution but still unsafe).
• Cancellation of removal — in certain cases you may request cancellation if you meet continuous presence, moral character, and other criteria.
• Adjustment of status — if you are eligible to become a lawful permanent resident (green card holder), you might be able to apply without leaving the U.S.
• Voluntary departure — an option to leave voluntarily within a time frame rather than endure a forced removal.

c. Appeal rights
If an immigration judge rules against you, you may be able to appeal to the Board of Immigration Appeals (BIA), and further to federal court, depending on the case.

5. Rights Relating to Detention

• If you are detained by ICE (or other federal immigration custody), you have the right to challenge your detention and request a bond hearing (release under conditions) in many cases.
• The law requires that detention conditions meet basic constitutional standards (adequate medical care, safety, etc.).
• Family detention and detention of children is more tightly regulated, and courts have in many cases imposed protections and limits.
• For example, there is a detention facility in Texas called the “T. Don Hutto Residential Centre”, used for immigrant detention.

6. Rights to Work, Documents & Benefits (When Eligible)

If your immigration status allows, you may have rights to:

• Work authorization — Certain statuses (e.g. asylum, adjustment of status, some visas) permit you to apply for an Employment Authorization Document (EAD).
• Access to documents such as a Social Security number, state driver’s license, or identification (depending on state law).
• Access to certain public benefits (though eligibility is limited under federal law).
• Renewal or replacement of status documents — you have a right to apply to renew green cards, visas, or replace lost documents, subject to eligibility.

Always check current USCIS guidelines or consult with an attorney, because rules can change.

7. Protection from Discrimination & Retaliation

You have the right not to be discriminated against because of your immigration status, race, national origin, or religion, especially in contexts such as:

• Employment (if you are legally authorized to work).
• Housing (in many jurisdictions).
• Education and access to public services.

Additionally, you are protected from retaliation (for example, adverse actions by your employer) for asserting your rights legally.

8. Practical Steps You Should Take

• Consult a qualified immigration lawyer
  Especially for removal proceedings, asylum, or status adjustment—mistakes can be costly or irreversible.
• Document everything
  Keep copies of your visa, I-94, receipts, notices from USCIS or ICE, and any correspondence you receive.
• Know your deadlines
  Immigration law has strict filing deadlines (e.g. for appeals or motions).
• Be cautious with advice from non-lawyers
  Fraudulent or unauthorized “notarios” may mislead you. Always verify credentials.
• Prepare a family safety plan
  If you are detained, your family should know who your lawyer is and how to access your records.

9. Recent Legal Developments in Texas

• In July 2025, a federal appeals court reaffirmed that Texas cannot enforce SB 4, a state law that would have allowed state authorities to arrest migrants for illegal entry.
• The court ruled that federal immigration law preempts conflicting state laws, reinforcing that states cannot unilaterally criminalize immigration violations.
• Advocacy groups in Texas also distribute “Know Your Rights” materials to immigrants, explaining how laws like SB 4 are being challenged and what protections still apply.

These developments matter: they help protect immigrants from overreach and underscore that federal authority remains the controlling power in immigration law.

Final Thought on Your Immigration Rights in Texas

Immigration law in Texas can feel uncertain, especially with shifting state policies and ongoing federal debates. But one thing remains constant—you have rights. Knowing those rights, exercising them wisely, and working with an experienced immigration attorney can make the difference between fear and security, or between removal and relief. At Mokolo Law Firm, we are committed to standing by immigrants at every step, ensuring their voices are heard and their rights are fully protected.