How Texas Immigration Holds Are Hurting Tax-Paying Immigrants—and What You Can Do About It
- becoolwithbob
- Apr 7
- 3 min read
What Are Immigration and
Customs Enforcement Holds and Why Should Texans Care?
In Texas, thousands of immigrants contribute to our economy, pay taxes, raise families, and build communities—yet remain vulnerable to deportation because of an often misunderstood mechanism: the immigration hold (also known as an ICE detainer).
An ICE hold is a request from Immigration and Customs Enforcement asking local law enforcement to hold an individual in custody for up to 48 hours after their scheduled release so ICE can take custody. These are not arrest warrants and are not reviewed by a judge.
👉 Learn more about ICE detainers from the ACLU.
What makes this particularly dangerous in Texas is that local sheriffs often comply with these detainers, even when the person in custody is being held for a non-violent offense or traffic violation. This compliance happens regardless of immigration status—undocumented, lawful permanent resident, or visa holder.
When Paying Taxes and Following the Law Isn’t Enough
Many of the people caught in this system are individuals who have lived in the United States for decades. They own homes, pay federal and state taxes, and contribute to their communities in meaningful ways. Some even have pending green card applications or are married to U.S. citizens.
Unfortunately, when an ICE detainer is placed, the due process protections you might expect from the U.S. legal system often disappear. This can lead to:
Being transferred to ICE custody without a court hearing
Facing removal proceedings with little notice
Detainment in far-away detention centers, separated from family and legal counsel
📌 In 2023, Texas had one of the highest numbers of ICE transfers in the nation. Read the Transactional Records Access Clearinghouse (TRAC) data to explore ICE activity trends.
How an Immigration Attorney Can Challenge a Detainer
There are legal strategies to fight back—and it starts with knowing your rights. ICE detainers can be challenged when:
There’s no probable cause for immigration enforcement
The individual is a U.S. citizen or lawful permanent resident
The detainer violates constitutional protections (such as due process or unlawful search and seizure)
An experienced immigration attorney in Texas can:
✅ File a Motion to Quash the detainer✅ Challenge the detainer’s legality under 4th Amendment grounds✅ Assist in bond hearings if the person is transferred to ICE✅ Prepare a defense for removal proceedings, including cancellation of removal, asylum, or waivers of inadmissibility
💼 If your loved one is facing an ICE detainer, don’t wait. Contact an attorney immediately and review the resources provided by the American Immigration Lawyers Association (AILA).
Know Your Rights: What to Do If a Loved One Is Detained
Here are practical steps to follow if someone is detained under an ICE hold in Texas:
Don’t panic—call a trusted immigration lawyer immediately.
Request the person’s A-number and detention location.
Avoid signing any documents without legal counsel.
Do not rely on notarios or “immigration consultants.”
You can also search for someone in ICE custody using ICE's Online Detainee Locator System.
🛑 Never assume that a misdemeanor or dismissed charge will protect someone from deportation. ICE often initiates removal proceedings regardless of criminal outcomes.
We Must Keep Texas Families Together
Every immigration case is deeply personal. At the heart of every ICE hold is a parent, a spouse, a worker—someone who deserves to be treated with dignity. Deporting long-time, tax-paying residents over minor infractions or technicalities weakens the very fabric of our communities.
We fight to keep families together. If you or someone you know is impacted by an ICE detainer, we’re here to stand with you.
📞 Contact us today for a consultation and take the first step toward fighting for justice.
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