For anyone facing an assault or domestic violence charge in 2026, the “standard” bond process has changed. On January 1, 2026, Texas Senate Bill 8 went into effect, mandating that all Texas counties with a population over 100,000 (including Dallas, Collin, Denton, and Tarrant) enter into formal 287(g) cooperation agreements with ICE.
This law has turned every local jail booking into a potential immigration screening.
Mandatory Cooperation: What Happens After an Arrest?
Previously, local sheriffs had some discretion in how they cooperated with federal immigration detainers. Under SB 8, that discretion is gone.
- Automated Screening: Every person booked into a North Texas jail for an assault or “violent crime” is now screened through federal databases.
- The 48-Hour Hold: If an immigration detainer is issued, the jail will hold the individual for up to 48 hours after their local criminal case is resolved or bond is posted.
- Revocation Risks: As noted in our Bail Bondsman Resource Guide, a new arrest for a person already on bond or community supervision will likely trigger an immediate revocation and a secondary immigration review.
Assault Charges and “Crimmigration”
Assault cases are particularly sensitive under the 2026 rules. Even a “Class C” family violence ticket can have permanent consequences for residency or citizenship.
- Bond Conditions: Magistrates are attaching stricter conditions to assault bonds, including GPS monitoring and no-contact orders (MOEPs).
- Mitigation is Key: We work with Mental Health Providers and Probation Officers to demonstrate that a client is not a threat to the community. This is essential for persuading a judge to set a reasonable bond before an immigration detainer can complicate the process.
- The Michael Morton Act (Discovery): Under CCP Art. 39.14, we aggressively pursue the State’s evidence early. In assault cases, “victim recants” are common, but the new 2026 mandates make DAs less likely to dismiss without a fight.
Guidance for North Texas Bondsmen and Families
If you are a Bail Bondsman, you need to know the magistrate’s bond order before writing the bond. A client who gets out on a local assault bond only to be picked up by ICE creates a massive risk for your investment.
Families must act within the first 24 hours of an arrest. Our team of former prosecutors understands the Texas Criminal Process from booking to trial, and we move quickly to address both the local charges and the federal implications of SB 8.
Lewis & Ashworth, PLLC 📍 101 E. Park Blvd, Suite 230 · Plano, Texas 75074 📞 214-239-8007 Emergency Defense Consultation ↗