Immigration and the border
Dallas lawyer for criminal charges and immigration consequences.
If you are not a U.S. citizen, the biggest question in your criminal case may not be jail time. It may be whether a plea puts your green card, your visa, your DACA or your future papers at risk. For immigration purposes, Texas deferred adjudication can count as a conviction, and a 'good deal' on a misdemeanor can still lead to removal. We defend the criminal case with the immigration consequences in view from the first day, and we work with immigration counsel when your case needs it.
Right now
If you or a family member is not a citizen and was just arrested.
- 01
Do not answer questions about status or birthplace
You have the right to stay silent with police, jail staff and immigration officers. Statements about where you were born or how you entered can be used in an immigration case or even a new criminal charge.
- 02
Ask whether there is an ICE hold
An immigration detainer asks the jail to keep the person up to 48 hours after they would otherwise be released so ICE can pick them up. Texas jails honor these requests. Knowing about it changes the bond decision.
- 03
Talk to us before posting bond
If there is a detainer, paying a bond may move the person straight into ICE custody, sometimes far from home. The timing of bond and of the criminal case should be planned together.
- 04
Do not plead to anything quickly
A fast plea at the first setting, even to time served or deferred adjudication, can carry serious immigration consequences. Do not sign until a lawyer has reviewed your status.
- 05
Gather your immigration papers
Green card, visa, work permit, DACA approval, any pending application and any past removal order. We need the full picture, and everything you tell us is confidential.
- 06
Call us, day or night
The consultation is free and in Spanish or English. For arrests we answer 24/7.
Key deadlines and numbers
- What counts as a conviction for immigration
- A guilty finding, or a plea plus any punishment or condition a judge orders, which usually includes Texas deferred adjudicationSource: 8 U.S.C. 1101(a)(48)(A)
- ICE detainer
- Up to 48 hours, not counting weekends and holidays, after release would otherwise happenSource: 8 C.F.R. 287.7
- Your defense lawyer's duty
- Must tell you when a plea carries a risk of deportationSource: Padilla v. Kentucky, 559 U.S. 356 (2010)
- The Texas judge's warning
- Before taking a plea, the judge must warn that it may lead to deportation, exclusion or denial of naturalizationSource: Tex. Code Crim. Proc. 26.13
- Small marijuana exception
- One possession of 30 grams or less for personal use is not by itself a deportation ground, but it can still block other benefitsSource: 8 U.S.C. 1227(a)(2)(B)(i)
Texas law
Which charges cause immigration problems.
Immigration law sorts crimes into its own categories, and they do not match Texas offense levels. A Class A misdemeanor can be more dangerous than some felonies if it lands in the wrong category. The table is general information only. The effect on you depends on your status, your history and the exact plea, which is why the plea should be planned with immigration counsel.
| Category | Common Texas examples | Possible immigration effect |
|---|---|---|
| Aggravated felony | Drug trafficking; theft, burglary or a crime of violence with a sentence of 1 year or more, even if suspended; sexual abuse of a minor | Deportability and a bar to most forms of relief, including cancellation of removal and asylum |
| Crime involving moral turpitude | Theft, fraud, forgery, some assaults and some family violence offenses | Can make a person deportable or inadmissible, depending on timing, the possible sentence and the number of offenses |
| Controlled substance offense | Possession or delivery of any drug, including THC vapes and pills | Deportability and inadmissibility, with narrow exceptions for small amounts of marijuana |
| Family violence and protective orders | Assault of a family member, stalking, child abuse, violating a protective order | A separate deportation ground, even for a misdemeanor; a protective order violation can count based on a court finding |
| Firearms offenses | Unlawful carrying of a weapon, possession of a firearm by a felon | A separate deportation ground |
| DWI | First DWI, DWI with a child passenger, repeat DWI | A simple DWI is usually not a deportation ground on its own, but it can end DACA eligibility and weigh against bond and discretionary relief |
Deferred adjudication is not a safe harbor
Texas treats a completed deferred adjudication as a dismissal. Federal immigration law usually does not: a guilty or no contest plea plus any condition a judge orders can count as a conviction. Pretrial diversion without a plea, or an outright dismissal, can be very different.
Source: 8 U.S.C. 1101(a)(48)(A)The length of the sentence matters, even if suspended
For theft and crimes of violence, a sentence of one year or more, even if probated, can turn a misdemeanor into an aggravated felony. Details like these are planned before the plea, not after.
Source: 8 U.S.C. 1101(a)(43), (48)(B)Your lawyer has to tell you
In Padilla v. Kentucky, the U.S. Supreme Court held that defense counsel must advise a non-citizen when a plea carries a risk of deportation. In Texas, the judge also warns you on the record before accepting a plea.
Source: Padilla v. Kentucky (2010)New Texas laws tie status and charges closer together
Texas is now enforcing state crimes for illegal entry and reentry under SB 4, and a 2025 law bars probation for intoxication manslaughter by a person who is not lawfully present. A state arrest can now start an immigration problem by itself.
Source: Tex. Penal Code ch. 51How we work
How we handle the criminal case with immigration in mind.
Mr. Estrada reads your file and sets the strategy with your status in view from the first meeting. Our team works the case with him in English or Spanish, and we bring in immigration counsel when the case calls for it.
01
Learn your full immigration history
Your status, how and when you entered, any prior removal, pending applications and prior arrests anywhere. The same plea can be harmless for one person and serious for another.
02
Plan around the detainer
If ICE has placed a hold, we time bond and court dates with it in mind and coordinate with your immigration attorney so the two cases do not work against each other.
03
Defend the charge itself
A dismissal or an acquittal is often the cleanest result for immigration. We look at the stop, the search, the statements and the evidence as we would in any case.
04
Shape the plea and the sentence
When a plea makes sense, the details matter: the exact statute and subsection, which facts are admitted, the length of any sentence, and whether a plea is needed at all. Pretrial diversion without a guilty plea can be very different from deferred adjudication.
05
Keep the court record precise
Immigration officers read the judgment, the plea papers and sometimes the police report. We make sure the record says only what it has to.
06
Review old cases
If an earlier plea was taken without proper immigration advice, a post-conviction writ may be an option in some cases. We review the old file and tell you honestly whether it is worth pursuing.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“He made sure he addressed all of our questions and put us at ease. He never made it seem like we were an inconvenience.”Other questions families ask us.
- Will the jail report my status?
- Fingerprints taken at booking are checked against federal databases, and ICE learns about many arrests that way. Texas law also requires jails to honor detainers. That is why bond and the criminal case need a plan from the start.
- I have a green card and an old case. Am I at risk?
- Possibly, especially when you travel abroad or apply for citizenship, because both bring a new look at your record. Talk to an immigration attorney before you travel or file, and bring certified copies of your court records.
- Does clearing my record fix the immigration problem?
- Usually not. Immigration authorities can still count a plea even after a Texas record is sealed or cleared, and immigration forms ask about arrests anyway. Get certified copies of your records before any expunction, because the court destroys them afterward.
- What if I have DACA or a work permit?
- DACA can be lost over a felony, a 'significant misdemeanor' such as DWI, or three other misdemeanors. Other pending applications can be hurt too. Tell us before any plea.
Dallas and Odessa
Arrests, ICE holds and courts in Dallas and Odessa.
People arrested in Dallas County are booked at the Lew Sterrett Justice Center downtown, where fingerprints are shared with federal databases and ICE detainers are placed. Their criminal cases are heard at the Frank Crowley Courts Building. In West Texas, arrests are booked at the Ector County jail in Odessa. People taken into ICE custody from either county may be moved to detention centers far from home, which is why we plan bond and court dates with your family and your immigration attorney.
FAQ
Questions people ask.
Will a DWI get me deported?
A first DWI alone is usually not a deportation ground, but it can end DACA eligibility, hurt a bond request in immigration court and weigh against you in any discretionary application. A DWI with injuries, drugs or repeat offenses raises the risk. Talk to us and to an immigration attorney before you plead.
Is deferred adjudication a conviction for immigration?
Usually, yes. Federal law counts a guilty or no contest plea plus any punishment or condition ordered by a judge as a conviction, even if Texas later dismisses the case. Pretrial diversion without a plea can be treated differently.
What is an ICE hold, and can I still bond out?
An ICE detainer asks the jail to keep you up to 48 hours past your release so ICE can take custody. You can usually still post the criminal bond, but you may then be transferred to ICE. We help families decide when and how to handle bond.
Should I take a plea to get out of jail faster?
Not without knowing the immigration effect first. A quick plea to time served can feel like the end of the criminal case and become the start of a removal case. Call us before you sign.
Do you handle the immigration case too?
We are criminal defense lawyers. We defend the criminal case with the immigration effects in view and work with immigration counsel, who handle the immigration court side.
Will you report me to immigration?
No. What you tell us is protected by attorney-client confidentiality. We need the truth about your status so we can protect you.
Related situations
- Texas SB 4 illegal entry charges
- Illegal reentry (1326)
- Jail release, bond and warrants
- Assault and family violence
- DWI
- Drug possession
- All: State Criminal Defense
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.