Art. 5B.003 ABATEMENT OF PROSECUTION ON BASIS OF IMMIGRATION STATUS DETERMINATION PROHIBITED

If someone is charged with a crime under Chapter 51 of the Penal Code, the court can't put the criminal case on hold just because immigration authorities are reviewing (or about to review) the person's immigration status. The criminal case moves forward regardless of what's happening on the immigration side.

This means a defendant can't use a pending immigration case as a reason to delay or pause their criminal prosecution. The two matters, the criminal charge and the immigration status question, stay separate. The court must continue handling the criminal case even while federal immigration officials are still deciding something about the person's status.