Friday, April 28, 2006
In Smith County, Texas (one of the most conservative counties in Texas), the judges are make the following [see below] as conditions of probation when people plea guilty or are found guilty. I have two undocumented clients who were given as part of their probation the following conditions. They do not qualify for any petitions. The probation officer told them that if they do not comply, their probation will be revoked and they will go to jail and then deported. I am not sure if they give this to all the Defendants or just the ones that look like they are not citizens. I am wanting to investigate as to whether what they are doing is constitutional? If the state judge has the right to impose these restrictions? Also, if not, then under what basis can I sue to get a permanent injunction to get them to stop doing it.
[CONDITIONS OF PROBATION]
(a) Within ten (10) days you must make contact with an agency or agent to start the proceedings for legalization of immigration status and provide proof to your supervision officer if such contact and initiation.
(b) Within ninety (90) days, complete the filing of all paperwork need for legalization immigration status with the U.S. Immigration and Customs Enforcement and provide proof of such filing to your supervision officer.
(c) At the end of twelve (12) months from the date probation begins, if you have not obtained legal status from the U.S.I.C.E, for being within Smith County, Texas, you must leave the country and reside in a location where you do have a legally authorized status. This does not change, alter or affect the requirement that you must obtain permission from the supervision officer to move and notify such officer of your new address. You must then report by mail each month and include a sworn statement substantially in the form provided, that you have continued to live that month in the location in which you are legally authorized to reside.
(b) As a condition of Community Supervision, if the defendant is not a United States Citizen, or an alien in the United States without legal status, the defendant will, as a condition of Community Supervision report to the nearest office of the United States Immigration and Customs Enforcement and initiate the process of obtaining legal status in the United States or initiate the process for voluntary deportation. The defendant is ORDERED to provide proof to his/her Probation Officer of the defendant's compliance in this matter within 35 days of the date of this order.
Jose Sanchez Jose Sanchez Law Firm, P.C. Longview, TX