There are occasions when legal immigrants may fall under threat of deportation in Texas.  A San Antonio immigration attorney may be  able to help when the formal removal of an alien from the United States is ordered for violation of immigration laws. Deportation is ordered by an immigration judge without any punishment being imposed or contemplated. Removal of immigrants is a function managed by U.S. Immigration and Customs Enforcement (ICE).  Individuals can be deported if a United States Citizenship and Immigration Services (USCIS) agency processor has flagged an application that was submitted for immigrant benefits in the United States due to missing information.  The agency will request the missing information, and if it is not delivered to them, or if the application has an error that causes the agency to question status, deportation can take place.  The Department of Homeland Security, through USCIS, provides immigration benefits to people who are entitled to stay in the U.S. on a temporary, or permanent basis. These benefits include: 

• granting of U.S. citizenship to those who are eligible to naturalize,

• authorizing individuals to reside in the U.S. on a permanent basis, and

• providing aliens with the eligibility to work in the United States

Lawful permanent residentA lawful permanent resident (LPR) or “green card” recipient is an alien who has been granted “the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed.”  LPRs are not safe from deportation if they have been convicted of certain crimes, including various felonies.  If you have been convicted of a crime and are concerned that the charges may cause you to be deported, contact an experienced immigration attorney as soon as possible.

Pictured: Immigration advocates march to end family separations and abolish ICE. Image via Flickr/user: Fibonacci Blue. (CCA-BY-2.0)

In fiscal year 2020 ICE ERO conducted 103,603 administrative arrests.

• 90 percent of those arrested had criminal convictions or pending criminal charges at the time of their arrest.

• Those arrested had criminal histories including more than 1,800 homicide-related offenses, 1,600 kidnappings, 3,800 robberies, 37,000 assaults, and 10,000 sex crimes.

• In total, there were more than 374,000 criminal convictions and pending charges – an average of four per alien.

Criminal activity causing deportationThere is a long list of felony crimes that can cause a legal immigrant to be deported.  At the top of the list are serious infractions of law that include murder, rape, sexual abuse of a minor, drug trafficking, firearms offenses, money laundering, arson, violent crimes, and thefts.  Legal immigrants should understand the laws that will impact deportable offenses and speak to legal counsel as soon as possible after being arrested and charged with a crime, even a misdemeanor.  Legal services for immigration and any infractions of the law that may impact the status of a legal immigrant can be discussed with experienced immigration attorneys who can guide actions to preserve legal status.  Immigrants in Texas are less likely to use attorneys, perhaps based on costs they cannot afford, and find themselves being deported, in comparison to New York immigrants, for example, where successful results for immigrants are occurring because of professional legal assistance.  Sources:https://www.us-immigration.com/us-immigration-news/us-immigration/uscis-may-deport-legal-immigrants/https://www.dhs.gov/sites/default/files/publications/immigration-statistics/yearbook/2019/lawful_permanent_residents_2019.pdfhttps://cis.org/sites/default/files/2021-05/eroReportFY2020.pdf