Texas Immigration Laws

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Texas Immigration Laws
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Last Modified on Mar 03, 2026

With all the changes happening nationwide, understanding immigration laws in your own state can feel overwhelming. Texas immigration laws remain some of the strictest in the nation, particularly with the new immigration law that went into effect in 2026. With a deeper understanding of the new laws, you can better protect yourself and your family.

The New Law in Senate Bill 8

Texas has enacted a new law, Senate Bill 8, which requires Texas sheriffs and other law enforcement to cooperate with federal authorities, like the US Immigration and Customs Enforcement. The sheriff’s offices must agree that the deputies can be trained in enforcing immigration duties, like investigating those who are in jail to find out if they are in the country illegally.

In 2025, Texas saw 30% more people held in jail for ICE. This law encourages local law enforcement to work with federal authorities so that people who have been arrested won’t be released before ICE can perform its duties, which could be deporting them. Many people believe the law will help keep state and federal law enforcement connected, but others say it adds an extra burden to the officers.

Remember Your Rights

In 2025, Texas had the most immigration detainees in the nation at 13,307 detainees. While this new law can seem foreboding, it’s important to remember your rights. First of all, you have the right to remain silent. You don’t have to answer any questions about where you were born or if you are a US citizen. Stay calm and respectful if you’re pulled over, and keep your hands where they can see them.

If you receive a ticket or a citation, make sure you take care of it right away. If you have any questions about it, a lawyer can help you. If you’re arrested, make sure to contact your immigration lawyer as soon as possible or ask a friend or family member to do it for you. They can help you determine an appropriate course of action.

You do not have to sign anything or make any decisions without discussing it with your immigration attorney first. Make sure not to talk about your immigration status with anyone at the jail except for your lawyer, who can visit you, review the situation, read through any paperwork, and advocate on your behalf.

Hire an Immigration Lawyer

Along with helping you understand the new Texas immigration law, an immigration lawyer has the skills and experience with immigration law to approach a variety of immigration cases. You can hire an immigration attorney to:

  • Provide legal counsel throughout the immigration process
  • Prepare immigration paperwork accurately
  • Represent you at the Houston-Jefferson Immigration Court on Jefferson Street or elsewhere
  • Appeal rulings
  • Negotiate on your behalf
  • Argue for your right to remain in the United States
  • Help you understand complicated legal immigration regulations and how they might apply to you
  • Work with criminal defense attorneys if you’re facing criminal charges to help you avoid possible immigration consequences.

With the new law, it is vital that you have a relationship with a Texas immigration lawyer so that you have someone to call if you are pulled over or arrested. At Serrano Law Firm PLLC, Sam Serrano has 20 years of experience helping people just like you. Having worked on countless immigration cases, he has an in-depth understanding of Texas immigration laws.

We are dedicated and passionate about representing immigrants in Texas. In fact, it’s our focus. You are in good hands here because we will be on your side through the entire process. If you are looking for guidance during these uncertain times or if you or a loved one has been arrested, the Serrano Law Firm PLLC can provide strong support and fight for your rights.

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FAQs

What Is the New Immigration Law in Texas?

Texas’s new immigration law requires Texas sheriffs and county jails to work with federal immigration officers through a program called the 287g program, which creates a partnership with ICE. This law went into effect on January 1, 2026, and trains deputies to verify immigration status and perform other federal immigration tasks. Some say this will help streamline the cooperation between state and federal authorities, but others point out that it adds to the burden of local law enforcement.

Which State Has the Strictest Immigration Laws?

While it’s difficult to pinpoint which specific state has the strictest immigration laws, some have tougher laws than others. Texas is among the toughest with laws that allow law enforcement to question someone’s immigration status if they are pulled over or arrested. Texas has also attempted to bring the Deferred Action for Childhood Arrivals program to an end. Other states with tough immigration laws are Arizona, Alabama, and Florida.

What Rights Do Undocumented Immigrants Have in Texas?

Undocumented immigrants are due similar rights to US citizens, which means they have the right to freedom of speech and religion, to be treated fairly, due process, and more. If you are unsure about your rights, an experienced Texas immigration attorney can answer your questions and educate you about them. It’s important that you know how to protect yourself and your loved ones, and you can do this by being informed and prepared with documentation and a lawyer to call.

What Should I Do If I’m Pulled Over?

If you’re pulled over, present your ID, but respectfully refrain from answering any more questions. If you don’t have an ID, simply state that you don’t have one without elaborating. Politely ask if you’re free to go. You don’t have to give them permission to search your vehicle, but they might search it anyway if they have a reason. Ask to speak to your lawyer if you are arrested. You have a right to record the interaction.

Texas Immigration Lawyer

You don’t have to face this alone. Serrano Law Firm PLLC can tailor our extensive experience with immigration law to your specific case and can provide you with a knowledgeable support system ready to fight on your behalf. Contact our office to schedule a consultation today.