Art. 2A.210 JUDGES: REPORTING OF CERTAIN ALIENS TO FEDERAL GOVERNMENT

If you are convicted of a felony, or if a judge gives you deferred adjudication (a type of probation) for a felony, the judge has to check on your immigration status. If the judge finds out you are in the country illegally, based on the definition used in Texas law, the judge must report you to U.S. Immigration and Customs Enforcement (ICE).

This means the report happens automatically as part of the criminal case. It is not optional for the judge. The judge does not get to decide whether reporting you is fair or necessary in your specific situation. If the two conditions are met (a felony conviction or deferred adjudication, and being in the country illegally under the legal definition), the judge is required by law to notify federal immigration officials.

For someone facing felony charges, this rule means the criminal case and immigration consequences are connected. A criminal conviction or even deferred adjudication can lead directly to ICE getting involved in your case.