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Possible strategies for immigrants with drug charges

On Behalf of | Jun 11, 2022 | Drug Charges |

Immigrants caught with controlled substances face a variety of charges and consequences. In some cases, simple possession is enough for deportation. However, do not give up hope if you are an immigrant facing drug charges.

See below for a brief overview of potential defenses for drug charges. It is worth fighting for your right to remain in the United States.

Voluntary departure

According to the Texas legislature, any alien who violates a controlled substance law of a State or foreign country is subject to deportation. There are several methods you might fight such a charge. One option you might consider is a voluntary departure. This involves you leaving the country at your own expense, with reduced legal consequences. Though you might not see this as a defense, it might allow you to return to the U.S. later. You should only resort to this defense if it appears the prosecutor will not drop their charges. Voluntary departure is not available for aggravated felons or those engaged in terrorist activities.

Cancellation of removal

If you are a permanent citizen, you might have the option to appeal with a cancellation of removal. However, this does not apply to aggravated felonies such as drug trafficking. Cancellation of removal only works if you have seven years of continuous residence before the offense and five years of permanent residence.

Texas takes drug offenses very seriously, especially for immigrants. Fortunately, you have several legal defenses available for you. Even if you do not qualify for the defenses listed above, you still have a right to fight your charges.