An arrest for a federal immigration crime moves fast, and the stakes are rarely just prison time. A conviction can mean removal from the country and separation from your family, on top of a federal sentence.
If you or a loved one is charged under a federal immigration statute in Houston, you are facing federal prosecutors, federal agents, and often an ICE detainer at the same time. These are not traffic tickets, and they are not ordinary removal hearings.
At Keith & Lorfing, we defend the criminal charge and work to protect you from the immigration consequences that come with it. Our federal immigration defense approach is built for cases where those two risks overlap — prison exposure on one side, removal or family separation on the other. Our team is led by Russell Lorfing, a former Assistant U.S. Attorney who prosecuted federal cases before he began defending people against them.
If federal agents have contacted you or a family member has been detained, speak with a Federal Criminal Defense Lawyer in Houston before you say anything to investigators.
The federal immigration crimes we defend in Houston
Federal immigration prosecutions in Houston are heard in the Southern District of Texas, Houston Division. We defend the full range of criminal immigration charges, including:
- Illegal reentry — 8 U.S.C. § 1326: Reentering or being found in the U.S. after a prior removal or deportation. This is a felony, and it is one of the most commonly charged federal crimes in Texas.
- Improper entry — 8 U.S.C. § 1325: Entering the country at the wrong time or place, or by false statement. A first offense is usually a misdemeanor, but repeat conduct raises the exposure.
- Harboring, transporting, or smuggling — 8 U.S.C. § 1324: Bringing in, transporting, harboring, or shielding people who are in the country unlawfully. Penalties climb sharply for commercial gain, injury, or death.
- Immigration document fraud — 8 U.S.C. § 1546: Making, using, or possessing false visas, permits, or other immigration documents. Related identity-document charges may be filed under 18 U.S.C. § 1028.
Each statute has its own elements the government must prove. The charge you are facing decides the defense you need, and we build the strategy around the specific statute in your indictment.
What you’re facing: penalties and immigration consequences
Federal immigration crimes carry two layers of risk: the criminal sentence and the immigration outcome. Both matter, and they are decided in different places.
On the criminal side, exposure depends heavily on the statute and your record:
- Illegal reentry (§ 1326) exposure rises with criminal history. A prior felony or certain prior convictions can push the maximum well beyond the baseline, and an aggravated felony in your past can raise it dramatically.
- Improper entry (§ 1325) starts as a misdemeanor for a first offense but can be charged more seriously on repeat conduct.
- Harboring and smuggling (§ 1324) penalties depend on the facts — whether there was financial gain, and whether anyone was placed in danger or hurt.
Federal sentences are shaped by the advisory U.S. Sentencing Guidelines, not by a single number in the statute. We don’t just accept the government’s numbers; we litigate the math. How your criminal history and offense conduct are scored can change the sentence significantly, and it is worth fighting over.
The immigration consequences are just as serious. A conviction can support removal and can make it far harder to ever return lawfully. If ICE has lodged a detainer, release also becomes more complicated, because immigration custody can continue even after a criminal case resolves.
Schedule a confidential consultation so we can explain the specific exposure in your case.
If ICE or HSI contacts you: federal rules are different
ICE is not local police, and federal immigration enforcement does not always follow the same rules as an officer in a local criminal case.
Agents sometimes act on an administrative warrant issued by ICE itself, rather than a judicial warrant signed by a judge. That distinction matters at your door.
An administrative warrant generally does not authorize agents to enter a private home without consent. You can ask to see a judicial warrant signed by a judge before you let anyone inside.
You also keep important rights during any encounter. You have the right to remain silent, and you have the right to speak with a lawyer.
Anything you say to a federal agent can be used against you, and lying to one is a separate federal crime under 18 U.S.C. § 1001. As former federal prosecutors, we have seen a stray “helpful” answer turn into a new charge that did not exist before.
The two costliest early mistakes
Two avoidable choices do the most damage in the first hours:
- Deleting or “cleaning up” records: Erasing emails, texts, or documents can create a fresh obstruction charge that is often easier to prove than the underlying conduct, and it destroys evidence we could have used for you. Deleting emails or documents doesn’t fix the problem — it creates a new one.
- Putting your head in the sand: Ignoring a detainer or agent contact does not make it go away. The government keeps building quietly, and your options shrink before you ever react.
First steps if you fear a federal immigration case
- Call an experienced federal defense lawyer right away, ideally before a subpoena or agents arrive.
- Preserve everything. Never delete or alter records; evidence preserved and produced through counsel can create leverage.
- Keep all government contact controlled. Let counsel make first contact, and never rely on an informal assurance from an agent.
Reach out to our team before you speak with federal agents.
How we defend federal immigration charges
A strong defense starts with the details the government would rather you not examine. We look at how the case was built, not just what it is called.
- Intervene early: When possible, we get involved before charges are final. Once the government gets there first, you’re reacting instead of deciding.
- Challenge the prior removal (§ 1326(d)): An illegal-reentry charge depends on a valid earlier removal order. In some cases that order can be attacked on due-process grounds, and if it falls, the reentry charge can fall with it.
- Test the government’s proof of identity and alienage: The government must prove who you are and your status. Biometric records, A-file documents, and fingerprint matches are evidence we scrutinize, not accept.
- File suppression motions: Stops, searches, and statements that violated your rights can be challenged, and evidence can be excluded.
- Attack knowledge and intent in § 1324 cases: Harboring and transporting charges require proof of what you knew. We press the government on that knowledge requirement.
- Negotiate from strength — or take it to trial: Where the facts support it, we push for reduced charges or fast-track options; where they don’t, our trial lawyers try the case.
- Sentencing mitigation: We work every available Guidelines argument, including acceptance of responsibility and disputing enhancements, to bring the number down.
Not every defense fits every case. Which of these applies depends on the facts of your case, and we will tell you honestly what we see.
When your other criminal case carries immigration consequences (Padilla)
Immigration danger is not limited to immigration charges. A guilty plea to a drug, fraud, theft, or firearm offense can trigger removal, sometimes for a conviction that seems minor.
Under Padilla v. Kentucky, defense counsel must advise you about the immigration consequences of a plea. A plea that looks like a good deal on paper can be a deportation order in disguise.
We build plea strategy around your immigration status from the start. That can mean pursuing an alternative charge or disposition that resolves the criminal case without automatically ending your ability to stay.
If you are a non-citizen facing any federal charge — not only an immigration statute — talk to a federal defense lawyer before you accept any offer.
Why choose Keith & Lorfing for your federal immigration case
Federal immigration cases are decided by people who know how the federal system actually works. Our team has been on both sides of it.
- A former federal prosecutor leads the defense. Russell Lorfing served as an Assistant U.S. Attorney and once ran a human trafficking task force on Saipan. He knows how the government builds immigration cases because he used to build them.
- A retired federal judge, of counsel. The Hon. E. Scott Frost (Ret.) brings 30-plus years of federal courtroom experience to our strategy.
- A seasoned trial partner. Founding partner Trey Keith has spent 20-plus years defending the accused and has earned many “Not Guilty” verdicts.
- Deep federal bench strength. Our team includes former federal prosecutors, former federal defenders, and former FBI and IRS criminal investigators.
- Admitted at the highest levels. Russell Lorfing is admitted in the Southern, Northern, and Western Districts of Texas, the U.S. Court of Appeals for the Fifth Circuit, and the U.S. Supreme Court.
We represent clients in federal courts across the country, including Houston, with a team drawn from the highest levels of the federal system. Past results do not guarantee the outcome of any case, but they demonstrate the thorough preparation and experience we bring to every matter.
Reach out to our team to discuss your case with a former federal prosecutor.
What to expect in the Southern District of Texas, Houston Division
Houston federal immigration cases are prosecuted by Assistant U.S. Attorneys and heard at the Bob Casey U.S. Courthouse, 515 Rusk St. It is one of the busiest immigration dockets in the country, which means these cases can move quickly. For defendants and families trying to understand the local federal process, our Houston criminal defense team explains how we handle serious federal cases in the Houston area.
Here is the general path a federal case follows:
- Arrest or contact and initial appearance: You are brought before a judge, and detention or release is addressed. An ICE detainer can affect whether you are released.
- Charging: The government proceeds by complaint and often by indictment.
- Discovery and motions: We obtain the government’s evidence and file challenges — to the stop, the search, the statements, or the prior removal order.
- Resolution: The case ends in a negotiated disposition or at trial, followed by sentencing if there is a conviction.
These cases don’t move fast on the surface, but underneath they’re moving the entire time — by the time it feels real, it’s usually much further along than you think. That is why getting counsel early matters.
Talk to a Houston federal immigration defense lawyer
Federal immigration charges put your freedom and your future in this country on the line at the same time. The earlier you have a defense team, the more options you tend to have.
Keith & Lorfing defends federal immigration crimes in federal courts across the country, led by a former federal prosecutor who knows how these cases are built. If you want to see how we defend clients in related matters, learn about our approach to federal criminal defense in Houston, our broader federal immigration defense practice, our focused illegal reentry defense, and how we handle an ICE or HSI investigation.
Contact our firm for a confidential consultation about your case.
Frequently Asked Questions
Is illegal reentry under 8 U.S.C. § 1326 a felony?
Yes. Illegal reentry after a prior removal is a felony, and the maximum penalty increases based on your criminal history. That is different from a first-time improper entry under § 1325, which is usually a misdemeanor.
What is the difference between illegal entry and illegal reentry?
Illegal entry (§ 1325) is entering the country unlawfully. Illegal reentry (§ 1326) is coming back — or being found here — after you were already removed or deported, which is treated far more seriously.
Can I fight the charge if I was already deported before?
Sometimes, yes. A § 1326 charge depends on a valid prior removal order. In certain cases that earlier order can be challenged under § 1326(d), and if it was legally flawed, it may undermine the new charge.
Will I be deported if I am convicted?
A conviction can support removal, but the outcome depends on the offense and your history. We work to protect your immigration position while defending the criminal case, and we will be candid about the risks in your situation.
Can I get bond if ICE placed a detainer on me?
A detainer complicates release. Even if a judge addresses release in the criminal case, an ICE detainer can keep you in immigration custody. We address both tracks so nothing is overlooked.
Do I need a criminal defense lawyer or an immigration lawyer?
For a criminal charge like § 1325, § 1326, § 1324, or § 1546, you need a federal criminal defense lawyer. We defend the prosecution and work to limit the immigration fallout; that is a different job from filing a civil removal or asylum case.
Can pleading guilty to a drug or fraud charge get me deported?
It can. Under Padilla v. Kentucky, your lawyer must advise you on the immigration consequences of a plea. A non-citizen should never accept a plea to any federal charge without understanding that risk first.
What should I do if ICE agents come to my home?
You can ask to see a judicial warrant signed by a judge before you let anyone inside. An administrative warrant issued by ICE generally does not authorize agents to enter a private home without consent. You have the right to remain silent and the right to a lawyer, and you should call one right away rather than answer questions.
