I. Immediate Steps & Emergency Information

Q: What should I do if I or a family member is detained by ICE in San Antonio?

  • remain Silent: You have the right to remain silent. You do not have to answer questions about your birthplace or immigration status without a lawyer present.

  • Do Not Sign Anything: Do not sign any documents (especially “Voluntary Departure” forms) without speaking to an attorney. Signing may result in immediate deportation and waive your right to see a judge.

  • Locate the Person: Use the ICE Detainee Locator online. You will need their A-Number (Alien Registration Number) and country of birth, or their full name, date of birth, and country of birth.

Q: What is a “Notice to Appear” (NTA)?

The NTA is the official charging document that starts the removal proceedings. It lists the reasons (allegations) why the government believes you are deportable.

  • Action Item: Check the NTA for a date and time. If it says “TBD” (To Be Determined), you must check the court system regularly (1-800-898-7180) to ensure you do not miss your hearing.

Q: What happens if I miss a court hearing?

If you miss a hearing, the judge will likely issue an order of removal in absentia. This means you are ordered deported automatically because you were not there. This order is extremely difficult to reverse and often leads to immediate arrest if encountered by law enforcement.

II. The San Antonio Immigration Court Process

Q: Where is the Immigration Court in San Antonio?

There are two main locations for immigration hearings in the San Antonio area, depending on whether the person is detained or non-detained.

  • San Antonio Immigration Court (Non-Detained):

    • Address: 800 Dolorosa Street, Suite 300, San Antonio, TX 78207.

    • Phone: 210-472-6637.

    • Cases Heard: Generally for people who are not currently in jail/detention.

  • San Antonio North Central (Detained):

    • Address: 1222 North Main Avenue, Suite 600, San Antonio, TX 78212.

    • Cases Heard: Generally for individuals who are currently detained by ICE.

  • Remote Hearings: Many hearings for detainees held in facilities like Karnes or Pearsall (South Texas) are conducted via video teleconference (VTC) to the San Antonio courts.

Q: What is the difference between a “Master Calendar Hearing” and an “Individual Hearing”?

  • Master Calendar Hearing (MCH): This is a preliminary hearing. It is short (5-15 minutes). The Judge will check if you have a lawyer, ask you to plead to the charges in the NTA, and schedule your next steps.

  • Individual Hearing (Merits Hearing): This is the “trial.” It can last hours. You will testify, present evidence, call witnesses, and your lawyer will argue why you should be allowed to stay. The Judge usually issues a decision at the end of this hearing.

III. Detention Facilities Near San Antonio

San Antonio acts as a hub for several major detention centers. Your family member is likely in one of the following:

Q: Which facilities are commonly used for San Antonio cases?

  1. South Texas ICE Processing Center (Pearsall): Located about an hour southwest of San Antonio.

  2. Karnes County Immigration Processing Center: Located southeast of San Antonio (often houses families or specific populations).

  3. T. Don Hutto Residential Center: Located in Taylor, TX (north of Austin, but cases often route through San Antonio courts).

  4. Webb County Detention Center: Located in Laredo, but sometimes falls under San Antonio jurisdiction for processing.

Q: Can I get a bond to leave detention?

Possibly. There are two ways to get released:

  1. ICE Bond: The deportation officer decides if you are a flight risk or danger to the community. They may set a bond amount.

  2. Immigration Judge Bond Redetermination: If ICE denies bond or sets it too high, you can ask the Judge for a “Bond Hearing.” You must show you are not a danger to the community and not a flight risk.

    • Note: Certain criminal convictions (Ag-Felonies, drug trafficking) result in Mandatory Detention, meaning you cannot get a bond.

IV. Common Defenses Against Deportation

Q: What are the main ways to fight deportation in Texas?

1. Cancellation of Removal (Non-LPR)

Available to undocumented persons who:

  • Have lived in the U.S. continuously for at least 10 years.

  • Have had good moral character for those 10 years.

  • Have not been convicted of specific crimes.

  • Crucial Standard: Must prove that your deportation would cause “exceptional and extremely unusual hardship” to a U.S. Citizen or Permanent Resident spouse, parent, or child. (This is a very high standard).

2. Cancellation of Removal (LPR)

Available to Green Card holders who:

  • Have been an LPR for at least 5 years.

  • Have resided in the U.S. continuously for 7 years after being admitted in any status.

  • Have no Aggravated Felony convictions.

3. Asylum, Withholding of Removal, & CAT

For those afraid to return to their home country due to persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

  • Asylum: Must generally apply within 1 year of entry. Leads to a Green Card.

  • Convention Against Torture (CAT): For those who fear torture by their government. Harder to win, does not lead to a Green Card, but stops deportation.

4. Adjustment of Status

If you are married to a U.S. citizen or have an adult U.S. citizen child, you may be able to apply for your Green Card (Form I-485) directly before the Judge, assuming you entered the country legally (with a visa) or are protected by older laws like 245(i).

5. Prosecutorial Discretion (PD)

Your attorney can ask the ICE prosecutors (OPLA) to administratively close or dismiss your case because you are not a “priority” for deportation (e.g., you have no criminal record, have been here a long time, and have U.S. family). This does not give you legal status, but it “pauses” the deportation indefinitely.

V. Hiring a Lawyer in San Antonio

Q: Do I get a free lawyer?

No. Unlike criminal court, the government does not provide free public defenders in immigration court. You must hire your own or find a pro bono (free) organization.

Q: How do I find a reputable lawyer in San Antonio?

  • Avoid “Notarios”: In the U.S., a “Notario Publico” is NOT a lawyer and cannot represent you in court. They often ruin cases.

  • Check Credentials: Ensure they are a member of AILA (American Immigration Lawyers Association) and licensed by the State Bar (Texas or another state).

  • Local Non-Profits (Low Cost/Free):

    • RAICES (Refugee and Immigrant Center for Education and Legal Services): Large San Antonio-based non-profit.

    • American Gateways: Provides legal services in the Central Texas region.

    • St. Mary’s University School of Law (Immigration Clinic): Sometimes takes cases for educational purposes.

    • Catholic Charities, Archdiocese of San Antonio: Often provides low-cost immigration consultations.

Q: Questions to ask a potential lawyer:

  1. “How many removal defense cases have you handled in San Antonio specifically?” (Judges vary by location).

  2. “Is my case eligible for relief, or is voluntary departure my only honest option?”

  3. “Will you represent me at the Individual Hearing, or just the Master Calendar?”