Without a green card or U.S. citizenship, you could face serious legal issues. A conviction for certain assault charges could result in deportation. The Texas Courts website reported that officials file more charges of assault with bodily injury than other assault crimes.
Assault generally classifies as a misdemeanor in Texas. Repeated offenses or misconduct involving family members, however, allows officials to file felony assault charges.
Texas law has three assault violation types
Texas law describes three types of assault violations that may cause individuals to lose their immigration status. Texas does not have a separate domestic violence law. Physical injuries involving family members may fall into any of the three assault categories.
The first type, assault-bodily-injury, requires harming someone physically. The court must see proof such as broken bones to convict. The second type, assault-by-threat, requires severe threats by words or actions. The person claiming assault, however, does not need to show physical injuries. Conviction of the third type of offense, assault-by-contact, may require proof of offensive touching.
Aggravated felony offenses could result in deportation
The American Immigration Council notes that convictions for “aggravated felony” offenses could lead to deportation. The Immigration and Nationality Act lists at least 30 unlawful acts that qualify for removal from the United States. The unlawful acts include drug trafficking and other types of nonviolent misconduct.
As reported by CBS News, immigrant arrests and deportations decreased between 2020 and 2021. U.S. officials, however, have orders to detain and deport individuals convicted of certain offenses. If officials charged you or a loved one with an aggravated felony, a strong defense could help avoid a conviction and deportation.