How State or Federal Criminal Charges Affect Immigration Status

 Posted on June 17, 2025 in Criminal Defense

Regardless of where you live in the country, you are probably very aware of the changes that are happening in immigration. While it is never a good thing to be charged with a criminal offense, when an undocumented immigrant is charged with a crime, his or her situation immediately becomes very precarious.

When a non-citizen is even accused of a criminal offense, his or her legal status is immediately in jeopardy and may be a major consideration in how the case is handled. A non-citizen can be placed in removal proceedings, which may lead to deportation. Even if the criminal charge is ultimately dismissed, the immigration consequences remain. It can be extremely beneficial to have a criminal defense attorney who also practices immigration law.

Your defense attorney will understand exactly how the criminal charges will affect your immigration status and will know whether there are options that can stall or prevent deportation while dealing with the underlying criminal charges. Part of this process involves whether you are being charged federally or by the state of Texas. The best step you can take during such a difficult time is to speak to a North Richland Hills, TX immigration lawyer.

Will You Be Charged Under Federal Law or Texas State Laws for a Criminal Offense?

While the "crime" of being undocumented is federal, whether a criminal offense is charged federally or under state laws is usually determined by the type of crime. Any crime that crosses a state line is usually charged under federal law, and often, drug trafficking, internet crimes, kidnapping, transporting stolen goods, many white-collar crimes, and gun crimes are charged federally rather than by the state.

Otherwise, criminal offenses in Texas are usually charged and prosecuted under Texas laws. There are some criminal offenses that are known as "deportable offenses," which include:

• Some firearm offenses
• Any aggravated felony
• Crimes involving moral turpitude
• Failure to register as a sex offender
• Controlled substances offenses
• Multiple criminal convictions
• Human trafficking crimes
• Violations of protective orders
• Domestic violence offenses

Sometimes, criminal charges against an undocumented individual can be dropped at the request of Immigration and Customs Enforcement (ICE) as a means of expediting the removal and deportation process. Unfortunately, even if the individual is found not guilty at the local level, ICE can still become involved. Following deportation, an undocumented individual could be barred from re-entering the United States, either temporarily or permanently.

What if You are Undocumented and the Victim of a Crime?

Unfortunately, when an undocumented individual is the victim of a crime, including the crime of domestic violence, he or she may be fearful of coming forward to report the crime for fear of removal and deportation. There are certain visa programs that are available to undocumented individuals who are victims of crime. These include:

• The Violence Against Women Act (VAWA) for victims of abuse who are close relatives of U.S. citizens or lawful permanent residents allows victims to self-petition with the abuser’s knowledge, consent, or participation.
• A U Visa offers temporary immigration protection for victims of certain qualifying criminal activities who are helping law enforcement in the investigation and prosecution of criminal activity.
• A T Visa provides temporary immigration protection to victims of human trafficking who assist law enforcement in the detection, investigation, or prosecution of the crime.

Contact a Tarrant County, TX Criminal Defense Lawyer

Whether you are charged with a crime or are the victim of a crime, speaking to a Fort Worth, TX criminal defense attorney from The Meza Law Firm, PLLC, who also practices immigration law, is the best step you can take for your future. Attorney Meza has extensive experience with both criminal and immigration law, offering personalized, dedicated, one-on-one guidance. He will fight to keep your family together and has a deep understanding of the challenges an undocumented immigrant faces when arrested. Call 817-732-6392 to schedule your initial attorney meeting. Hablamos Espanol.