Texas Lawmaker Seeks to Repeal Senate Bill 4

DivorceEarlier this month, Fort Worth State Representative Ramon Romero filed a proposal that would repeal Texas Senate Bill 4. SB4, set to become effective on September 1, 2017, cracks down on so-called “sanctuary” cities, municipalities that opt not to give priority to the deportation of undocumented immigrants. The new law will prohibit any municipal policy that involves or promotes less than full cooperation with federal immigration agents. It also establishes fines or jail terms for elected officials who fail to enforce its provisions. The statute gives police the authority to interrogate any detainee about his or her immigration status.

Romero told reporters that he fears the law will lead to boycotts of the state of Texas similar to those in Arizona. That state passed a similar bill last year and became the subject of travel boycotts by many out-of-state organizations. Romero says that at least one group that annually comes to Texas for its convention—the American Immigration Lawyers Association—has already indicated that it will go elsewhere this year.

Advocates for minorities, particularly Hispanics, say the new law unconstitutionally allows racial profiling. They also say that it serves as a disincentive for anyone with a questionable immigration status to report crimes, making them targets of violent crimes. According to the Fort Worth Star-Telegram, a group of teenagers detained there told police that they targeted Hispanics because “they’ve got money and they don’t call the police.”

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At the law office of Bailey & Galyen, we provide a free initial consultation to every client. To set up an appointment with an experienced Texas immigration law attorney, contact us by e-mail or call our offices at one of the convenient locations listed below. We will take your call 24 hours a day, seven days a week.


Supreme Court agrees to hear DAPA Case

Back in November 2014, President Obama announced plans to shield 5 million illegal immigrants from deportation. Under the plan, those people in the U.S. illegally who are parents of U.S. citizens and permanent residents would be allowed to remain here and receive a work permit. Obama also wanted to extend that protection to more immigrants who were brought here as children. The case was first put on hold by a federal judge in Brownsville. Then the federal appeals court in New Orleans also stated that President Obama overstepped his authority under the Constitution. Now, the Supreme Court will have the final say. The case will be argued in April and decided in June.

If the Supreme Court does find in favor of DAPA, there has not been a time table set for Immigration to produce the forms necessary to apply or when anyone will apply. DAPA is an executive order so it will have a major effect on the coming election. We will keep everyone up to date with any updates about DAPA.


The latest on what Obama might do in regards to the immigration system

Here is the latest on what Obama might do in regards to the immigration system. The plan for the executive action could be announced as early as November 21st. However, it could be delayed a few days after that depending on white house approval. No final decision has been made. The plan apparently has 10 initiatives and includes improving border security and higher pay for immigration officers. It also appears that he will expand on deferred action. It will expand on children brought to the United States illegally and may include parents of U.S. citizen and Legal Permanent Resident children to stay. It is estimated that this will affect 4.5 million illegal immigrants. They will receive work permits, social security numbers, and id.

Deferred action right now, allows illegal immigrant children who entered before their 16th birthday and before June 2007 to be free of deportation and a work permit. The plan might change June 2007 to January 1, 2010. This would allow another 300,000 illegal immigrant children ability to stay and receive a work permit.

Other plans include a new Naturalization Process in which the first 10,000 applicants can receive 50% off with the exception of those who make more than 200% above the poverty line. There would be more opportunities for tech job visas. There would be a revision on removal priorities.

We will not know details of his total plan until he addresses the nation but his plan could still have many issues. One issue is that Congress has the sole power of controlling the finances. Congress could simply bar money used for that purpose. Keep Bailey and Galyen in mind for any immigration need you have.


What is the basis for being deported? What are the consequences of deportation?

Deportation occurs when an alien has been found to have violated certain immigration laws and results in the alien forfeiting his or her right to remain in the US The immigration authorities will physically remove the deportee from the country.

For more information, visit our faqs or contact us today 1-866-378-4705.

How Do You Become Deportable?

by Michael J. Spychalski

There are many grounds for removal/deportation in many different categories. Removability and deportability mean the same thing.

If you are inadmissible at your time of entry into the country, you are deportable. A person who violates his or her nonimmigration status, such as a visitor or student, or conditions of entry is deportable. Any alien who has helped smuggle another alien across the border is removable. Also, those who have received a visa or other documentation on the basis of a fraudulent marriage are deportable.

Many specific criminal offenses make one deportable. An alien who has committed a crime of moral turpitude may be deportable. There is not a specific statute that defines what a crime of moral turpitude is. However, it is defined on a case-by-case basis. It is an act which is intrinsically wrong. The most common example is theft. Those convicted of multiple crimes or an aggravated felony (for example, murder, drug trafficking or theft, in which the term of imprisonment is more than one year) may be deportable. Drug abusers or addicts, and those who violate controlled substances laws or regulations may be deportable. Those who commit certain firearms offenses or domestic violence crimes may be deportable. Of course, anyone who has engaged in acts of espionage, sabotage or terrorism against the United States, or any alien whose presence the Secretary of State has reason to believe would have a serious adverse foreign policy consequence is deportable.

There are other grounds of deportability that are not as common. Any alien who becomes a public charge, which means those aliens who end up on welfare from causes existing prior to admission into the country, may be deportable. Any alien who voted in an election in violation of the law is removable. Also, anyone who violated a prior deportation order is removable.

Just because an alien is deportable does not necessarily mean that he or she will be deported. There are a number of ways to fight your case in immigration court, but they are all discretionary with the immigration judge. It is important for criminal attorneys to check with immigration attorneys before pleading to a criminal charge