¿Puede un cargo penal provocar mi deportación? Consecuencias migratorias de los cargos penales en Texas

Written by  Andrew J. Salinas, Managing Partner & Founder, Salinas Defense Law Firm, PLLC  ·  Two-Time Texas Rising Star (2025–2026)  ·  National Trial Lawyers Top 40 Under 40  ·  Former ADA, Kings County DA, Brooklyn, NY  ·  NHTSA-Certified  ·  Crimmigration Specialist

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If you are not a United States citizen and you have been arrested or charged with a crime in Texas, you are facing two simultaneous crises: the criminal case and the immigration consequences. These are separate legal systems that interact in ways that can permanently alter your life in the United States.

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The most dangerous mistake a non-citizen can make is accepting a guilty plea without fully understanding what it means for their immigration status. This article explains exactly which crimes trigger immigration consequences, why even minor charges can lead to deportation, and what you need to know before making any decision in your criminal case.

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⚠️  IF YOU ARE NOT A U.S. CITIZEN, READ THIS BEFORE ANYTHING ELSE:
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Do NOT accept any plea, sign any documents, or make any statement in your criminal case without first consulting an attorney who specializes in crimmigration law.

A guilty plea to even a minor offense can trigger automatic deportation proceedings, permanent bars to re-entry, and loss of immigration status — even when Texas law does not consider it a 'conviction.'

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The Two Systems: Criminal Court and Immigration Law

Texas criminal courts and federal immigration courts operate under entirely different rules. A case outcome that seems favorable in criminal court — like deferred adjudication — can still be treated as a full conviction by federal immigration authorities.

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Understanding the interaction between these systems requires knowledge of both Texas criminal law and federal immigration law. This intersection is called 'crimmigration,' and it is one of Andrew Salinas' specific areas of expertise — an area most criminal defense attorneys in Houston do not have the depth to handle properly.

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Which Crimes Can Lead to Deportation?

1. Aggravated Felonies — Automatic Removal

Federal immigration law defines 'aggravated felony' broadly — and it does not align with what Texas law considers a felony. The following offenses, if you are convicted, result in automatic deportation with no exceptions:

• Murder, rape, and sexual abuse of a minor
• Drug trafficking (not just possession — including delivery and manufacturing)
• Theft, fraud, or deceit offenses where the sentence imposed was one year or more
• Violent crimes where the sentence imposed was one year or more
• Federal firearms offenses

An aggravated felony conviction also permanently bars you from ever returning to the United States and makes you ineligible for virtually any form of immigration relief.

2. Crimes of Moral Turpitude (CIMT)

This is one of the most confusing concepts in immigration law because 'moral turpitude' is not defined by a clear statute — courts have developed it through case law over decades. Generally, CIMTs include:

• Theft and fraud-related offenses (including certain levels of shoplifting)
• Assault with intent to harm (not necessarily simple assault)
• Domestic violence and family violence convictions
• Drug possession convictions (in some circumstances)
• Sexual offenses

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A single CIMT conviction can make you deportable and can bar you from obtaining citizenship, renewing a visa, or adjusting your status to permanent resident. Two CIMT convictions at any time make you automatically deportable.

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3. Drug Convictions

Federal immigration law is exceptionally harsh toward drug offenses. Any conviction for any controlled substance offense — including simple possession of marijuana — can make a non-citizen deportable. This is true even for states where marijuana has been legalized, because federal immigration law applies federal standards.

• Possession of any controlled substance: deportable for a non-citizen
• Delivery or distribution: deportable and may constitute an aggravated felony
• Drug paraphernalia: may also trigger deportation depending on circumstances
• First-time simple possession: the one narrow exception where a waiver is sometimes available — but not guaranteed

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4. Domestic Violence and Family Violence

Federal law specifically targets domestic violence convictions for immigration consequences. A conviction for assault of a family member, violation of a protective order, or stalking can make you deportable — and separately bars you from possessing firearms under federal law.

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5. DWI / Driving While Intoxicated

DWI is one of the most commonly misunderstood immigration consequence situations. In most circumstances, a single DWI conviction is not automatically deportable — but it can:

• Be treated as a CIMT in some immigration proceedings, depending on the level of the offense and the jurisdiction
• Negatively affect applications for U.S. citizenship (naturalization)
• Be treated as a crime of violence in some circumstances (particularly felony DWI)
• Affect visa renewals, green card renewals, and adjustment of status applications
• Trigger additional scrutiny from CBP at the border or airport

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Before a client pleads to any DWI charge, Andrew Salinas analyzes the specific immigration consequences based on the client's current immigration status, the exact level of the offense, and the language of the plea.

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Why Deferred Adjudication Is NOT Safe for Immigration Purposes

This is a critical misconception that costs non-citizen clients their immigration status every year in Texas.

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Deferred adjudication is a form of plea bargain under Texas law where, if you complete probation successfully, the case is dismissed and there is no final conviction on your Texas criminal record. Many criminal defense attorneys recommend deferred adjudication as a favorable outcome.

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But here is the problem: federal immigration law does not follow Texas criminal law. Under federal immigration statutes, a deferred adjudication plea — including one where you pleaded guilty or no contest — is treated as a conviction for immigration purposes, even if the Texas court never entered a formal finding of guilt.

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CRITICAL: Deferred Adjudication and Immigration

If you are not a U.S. citizen and you accept deferred adjudication, federal immigration authorities will treat your guilty plea as a conviction — even if you complete probation and the case is dismissed.

This means accepting deferred adjudication for a deportable offense can result in deportation even after you 'successfully' complete the terms of the deal. Never accept any plea without a crimmigration analysis first.

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The Padilla Warning: Your Attorney's Constitutional Obligation

In Padilla v. Kentucky (2010), the U.S. Supreme Court held that criminal defense attorneys are constitutionally required to advise non-citizen clients of the immigration consequences of a guilty plea before they enter it. This is called the Padilla warning.

If your attorney tells you to accept a plea without discussing the immigration consequences — or dismisses your concerns with 'that's not a criminal law issue' — that attorney is potentially violating your constitutional rights and their professional obligations.

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Andrew Salinas analyzes the immigration consequences of every possible disposition before recommending any plea to a non-citizen client. This analysis is a core part of the defense strategy, not an afterthought.

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ICE Detainers: Can ICE Arrest Me Even If I'm Not Convicted?

Yes. ICE (U.S. Immigration and Customs Enforcement) can file a detainer against you based solely on an arrest, before any conviction or plea. This means:

• Even if you are released on bond in your criminal case, ICE may be waiting to take you into federal immigration custody
• If a detainer is filed, Harris County Jail may hold you for up to 48 hours after your criminal bond is posted to allow ICE to take custody
• ICE detainers are civil, not criminal — but they are extremely difficult to fight once lodged

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If you believe you may be at risk of an ICE detainer, contact Andrew Salinas immediately. There are legal strategies available depending on your immigration status and criminal history.

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What Should a Non-Citizen Do If Arrested in Texas?

• Invoke your right to remain silent immediately. You do not have to answer questions about your immigration status, citizenship, or how you entered the country.
• Do not sign any documents — including voluntary departure agreements — without speaking to an attorney first.
• Call Andrew Salinas: (832) 202-8409. He is available 24/7 and has specific expertise in crimmigration.
• Do not discuss your immigration status with police, prosecutors, or anyone other than your attorney. Everything you say can be used against you in both your criminal case and in immigration proceedings.
• Do not accept any plea offer without a full immigration consequences analysis, regardless of how favorable the offer seems in purely criminal law terms.

SALINAS DEFENSE — QUALITY LEGAL DEFENSE WHEN IT MATTERS MOST

If you or someone you love is facing criminal charges in Houston, don't wait.

Andrew Salinas handles every case personally — delivering experienced, aggressive, and results-driven defense.

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Call us at 832 202-8409 or use our online contact form para programar su consulta gratuita. Estamos disponibles las 24 horas del día, los 7 días de la semana.