Understanding the Rights of Undocumented Immigrants in Texas

With the changes we're seeing unfold right now, questions have arisen regarding the rights of undocumented immigrants in Texas.

For undocumented immigrants in Texas, navigating immigration laws may be complex for some. Up to this point, federal laws have provided some protection. However, Texas has unique rules and resources that affect the lives of undocumented immigrants.

What rights and protections have undocumented immigrants had in Texas?

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While we're in the midst of a political shift and watching changes unfold in real-time, undocumented immigrants in Texas have a measure of protection under the U.S. Constitution. They can refuse to answer questions or allow entry into a home without a warrant. They also have the right to due process, which means fair treatment is ensured if they are detained or face legal proceedings.

As KXAN puts it, 'Amid reports of “enhanced targeted operations” conducted by the U.S. Immigration and Customs Enforcement,' people wonder how these may change permanently. The story goes on to say the U.S. has 'reached 11 million people in the U.S., according to data from Pew Research Center released in July 2024.'

Speaking of Texas specifically, what other rights do undocumented immigrants have?

Up to this moment, during which the zeitgeist has certainly shifted, undocumented immigrants have also had the right for children to have access to free public education. That resulted from the U.S. Supreme Court's Plyler v. Doe ruling, which originated in Texas.

That being said, Texas does enforce stricter policies than some other U.S. states.

In Texas, undocumented individuals can't get a driver's license without 'lawful presence,' such as DACA status. Also, Senate Bill 4 prohibits 'sanctuary city' policies like some other states and requires law enforcement to cooperate with federal immigration authorities.

Some resources like RAICES and American Gateways can offer support, including resources and legal aid.