When Does Immigration Law Take Effect in Texas?

Understanding Immigration Laws and Their Implementation in Texas

Immigration law in Texas is shaped by both federal policies and state regulations, making it a complex and ever-changing legal landscape. Many individuals wonder: “When does immigration law start in Texas?” The answer depends on whether we are discussing federal immigration laws, state-level enforcement policies, or newly enacted legislation.

In this article, we will break down when immigration laws take effect, what factors influence their enforcement, and how recent changes impact immigrants in Texas.

Federal vs. State Immigration Laws in Texas

Texas, like all U.S. states, is subject to federal immigration laws, which are established and enforced by agencies such as:

• U.S. Citizenship and Immigration Services (USCIS)

• U.S. Immigration and Customs Enforcement (ICE)

• U.S. Customs and Border Protection (CBP)

These federal laws govern who can enter, stay, or be deported from the U.S. However, Texas also enforces its own state-level policies, which impact how immigration laws are applied within the state.

For example, Senate Bill 4 (SB4), a controversial Texas law, allows state and local law enforcement to inquire about a person's immigration status during a lawful detention. This law was originally signed in 2017 but has faced multiple legal challenges regarding its enforcement.

When Do Immigration Laws Take Effect in Texas?

1. Federal Immigration Laws

Federal immigration laws are always in effect in Texas. However, changes to these laws—such as new visa policies, asylum regulations, or DACA (Deferred Action for Childhood Arrivals) updates—only take effect after:

• The law is signed by the President and published in the Federal Register.

• USCIS and DHS (Department of Homeland Security) issue official implementation guidelines.

• Court decisions either uphold or block new policies.

For example, the recent Texas v. United States case regarding DACA is still being decided in the courts, affecting when and how new immigration rules take effect.

2. State Immigration Laws

State-level immigration laws in Texas take effect based on the legislative process:

• If a new immigration-related bill is signed into law, it typically takes effect on September 1st following the Texas Legislature’s session.

• In some cases, emergency legislation can take effect immediately upon signing by the Governor.

For example, if Texas were to pass a new law restricting certain immigration benefits, it would either:✔ Go into effect on September 1st, OR✔ Take immediate effect if deemed an emergency measure by the Governor.

3. Executive Orders and Court Rulings

Texas has been a key battleground for immigration lawsuits, meaning that federal courts often pause, modify, or block immigration laws before they take effect. For example:

• The Texas lawsuit against DACA could lead to changes in protections for undocumented youth.

• The “Remain in Mexico” policy (Migrant Protection Protocols) was overturned but later reinstated before being phased out again.

Because of these ongoing legal battles, immigration laws in Texas can be unpredictable, taking effect only after final court rulings.

How Do New Immigration Laws Impact Texas Residents?

Changes in immigration law affect:

🔹 Visa Holders & Green Card Applicants – New rules may change application wait times or eligibility.🔹 Undocumented Immigrants – Law enforcement policies like SB4 can increase the risk of deportation.🔹 Employers & Businesses – Work visa policies affect hiring foreign workers in industries like agriculture and tech.🔹 Families & Asylum Seekers – Laws can impact family reunifications and asylum processing times.

If you or a loved one are affected by immigration law changes, it is crucial to seek legal advice from a Texas immigration attorney to ensure compliance and explore all available options.

Stay Updated on Immigration Laws in Texas

Because immigration law is constantly evolving, it’s essential to stay informed through:

📌 Official Government Sources – USCIS, Texas Legislature📌 Legal Advocacy Groups – American Immigration Lawyers Association (AILA)📌 Experienced Immigration Attorneys – A lawyer can help navigate new policies and fight for your rights.

Need Legal Guidance?

If you have questions about your immigration status or how a new law may affect you, contact our legal team at Restrepo & DWI Lawyer or call (713) 714-7330 for a consultation.

Conclusion

Immigration law in Texas never truly "starts" or stops—it is always in effect, but the specific policies and enforcement practices are constantly changing. Whether you are applying for legal residency, facing deportation concerns, or simply staying informed, understanding when new immigration laws take effect is crucial.

To protect your rights, stay updated on policy changes, and seek legal assistance when necessary. The best way to handle immigration issues is to be prepared.