Drug-related charges are some of the most dangerous offenses for immigrants under U.S. immigration law. Even cases involving small amounts of drugs, or charges that seem minor in criminal court can carry life-altering immigration consequences.
If you are an immigrant in Texas facing drug charges, it is critical to understand how these cases are treated differently in criminal court versus immigration court.
Why Drug Charges Are Treated Harshly Under Immigration Law
Immigration law takes a zero-tolerance approach to controlled substance offenses. Unlike criminal court, where penalties may be negotiable, immigration law often imposes automatic consequences.
A drug charge can result in:
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Deportation or removal proceedings
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Mandatory immigration detention
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Inadmissibility for green cards or visas
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Denial of citizenship
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Loss of DACA, TPS, or asylum eligibility
In many cases, there are no waivers available, which makes early legal strategy critical.
Do You Need a Conviction for Immigration Consequences?
Not always. Immigration authorities may consider:
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Guilty pleas
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Deferred adjudication
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Admissions in court
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Certain probation outcomes
This means accepting a plea deal to “avoid jail” may still trigger immigration action.
Common Drug Charges That Cause Immigration Problems
Some of the most common drug-related offenses affecting immigrants include:
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Possession of controlled substances
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Drug paraphernalia charges
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Possession with intent to distribute
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Drug-related probation violations
Even marijuana-related offenses can still cause immigration issues under federal law.
Why Immigration-Safe Criminal Defense Matters
A criminal defense attorney who does not understand immigration law may unintentionally advise a resolution that permanently damages your immigration future.
An immigration-aware attorney can:
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Evaluate whether charges are deportable
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Seek immigration-safe plea alternatives
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Fight to reduce or dismiss charges
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Coordinate criminal and immigration strategies
What Immigrants Should Do Immediately
If you are facing drug charges in Texas:
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Do not plead guilty without legal advice
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Do not discuss immigration status with police
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Contact a bilingual criminal defense and immigration attorney immediately
Protecting Your Status Starts Early
Drug charges can close immigration doors forever—but the right legal approach can make a difference. Call Peek Law Group at (512) 474-4445 for confidential, bilingual legal guidance in Austin and San Antonio.