Probation for Illegals?: Whether Texas Judges Should Consider a Defendant’s Undocumented Status Before Sentencing

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Can a judge sentence an undocumented immigrant to probation? Many county judges in Texas will refuse to offer probation to a defendant because he or she is in the United States without documentation (i.e., illegally). Unfortunately, judges get away with this because the law is less than clear about the availability of probation for the undocumented individuals. This article explores the law behind immigration and community supervision (probation) in Texas and concludes that there are plenty of good reasons to not allow probation for an undocumented individual, but his status in the United States is not one of them.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Justin Schneider | Attorney Advertising

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