Information on Immigration Laws in Texas

Immigration law is a broad area of legal practice. It includes everything from employer checks and E-verify requirements to immigration-based restrictions on public benefits.

State and local authorities often work closely with federal immigration enforcement agencies. However, states may not make laws that contradict federal law or impede federal officials. Learn more about the information on immigration laws in Texas.

Federal Law

Federal immigration laws determine who may become a US citizen and who can enter the country as a permanent or temporary resident. States are allowed to establish supplementary policies in these areas, such as deciding which public services immigrants may access or establishing employee screening requirements.

The state of Texas is currently considering several bills that would create an exceptionally harsh system of deterrence and punishment for migrants in need of protection. They include a proposal to build a wall on the border and devote space in state jails to people arrested for illegally crossing into the country.

If these bills are passed, they will likely face legal challenge from the United States government. In the past, when a state attempts to jump into enforcing immigration law, the federal government files a lawsuit against the state and asks the courts to strike down the new law. This process is known as “supremacy clause,” which states that federal law takes precedence over that of the state.

State Law

State laws tend to address the nitty-gritty aspects of life in a particular area. They cover topics like criminal law, civil rights and social security. State law often overlaps with federal law, which covers more broad subjects. This can create issues when local laws conflict with federal laws.

For example, Texas law prohibits sheriffs and police officers from refusing to work with federal immigration authorities. The state also follows the federal Immigration and Nationality Act Section 287(g), which grants authority to local officials to help detain certain non-U.S. citizens who pose a threat to the community. Several county sheriff’s offices in Texas participate in this program.

However, a new law in the state of Texas, called Senate Bill 4, may go beyond what the courts have allowed with respect to state enforcement of immigration law. The law, which was passed in May 2017, prohibits sheriffs and police departments as well as some higher education campus law enforcement from following sanctuary jurisdiction policies.

Local Law

Long before Texas became a state, the area was home to several Native American tribes. Then, in the 1600s, European immigrants began to settle the land. Since then, people from all over the world have come to live in the state.

Although immigration law is primarily a federal issue, some of it falls under the jurisdiction of local governments. Specifically, the Immigration and Nationality Act grants some limited authority for local police to enforce certain criminal immigration provisions.

In the state of Texas, laws regulating immigration vary widely. For example, some cities and counties are considered “sanctuary” jurisdictions that discourage cooperation with the federal government on immigration enforcement.

However, this policy is not universally supported in the state. Some municipalities are hesitant to adopt the practice, fearing it could lead to costly legal battles. Additionally, local laws are subject to change as the political climate changes.

Contact a Lawyer

Immigration to the United States is a complicated process that often requires the help of a lawyer. Immigrants have rights that they must protect, including against discrimination and unlawful detention. A skilled immigration attorney could make the process run more smoothly.

Several ways to find a reputable Texas immigration lawyer include asking friends, colleagues or family members for recommendations. Also, search online to see if the potential attorney has any disciplinary action from the State Bar of Texas or other professional associations.

A green card allows a person to work in the United States legally. It also allows individuals to access certain federal benefits, such as food stamps and supplemental insurance coverage. In addition, it makes an individual eligible to apply for citizenship after three to five years. A knowledgeable immigration lawyer can assess an individual’s eligibility for the green card process and guide them towards achieving their American dreams. For more information about immigration laws in Texas, visit the State Law Library’s e-books and databases.