Non-citizens have a new reason to worry: traffic tickets. Yes, traffic tickets. Simple traffic tickets can derail hopes and dreams of becoming a citizen. It's not the only factor, but it is a factor which will be considered in evaluating a person's "good moral character" for immigration purposes. This is part of a new policy established by the United States Citizenship and Immigration Services (USCIS) on August 15, 2025.
Why Traffic Tickets Now Threaten Immigration Status
Simple traffic tickets can now be used to consider someone without "good moral character" and thus unworthy of maintaining their legal status in the United States or to realizing the dream of becoming a citizen.
Exactly how it will be applied is not yet fully established. The current Trump administration implemented this new policy, and a "tough on immigration" stance across the board has been evident in campaigning and in practice. We are almost certain to see greater scrutiny soon. Further, the new policy uses the term "rigorous" to describe the "good moral character" evaluation. Therefore, it is reasonable to presume traffic tickets will be given significant weight in determining good moral character.
Texas Law: How a Simple Violation Becomes a Conviction
Even people who conscientiously obey every law to enter and remain in the United States are at risk. This applies even though the person is conscientiously trying to follow every law.
A simple fender bender from a minor misjudgment of distance with trivial damage can count. A judgment call based on a difference of opinion, such as how closely one should be driving behind another vehicle can count. Failing to slow down promptly enough when entering a slower speed zone can count. Regardless of one's opinion on the matter, traffic tickets matter more than ever for immigration purposes.
This topic easily could be a very long discussion, but this blog post will be limited to considerations about how Texas traffic tickets issued to non-citizens should be handled going forward.
Why Every Non-Citizen Needs an Immigration Attorney
Any non-citizen with any desire of staying in the United States should always have access to legal advice from an immigration attorney. This is truer than it has ever been, considering current political and legal climates. Anyone who aspires to become a citizen of the United States of America should always at least consult with an immigration attorney. Not only is immigration law subject to rapid and immediate change without warning, but changes may also be applied retroactively. What may be "right" today could be "wrong" tomorrow. Immigration attorneys are in the best position to provide the most comprehensive advice possible.
Do Immigrants Have to Fight Every Ticket?
We don't have specific guidance yet, but if traffic tickets are going to be treated similarly to how criminal cases already are treated, we can make some reasonable deductions.
First among these considerations is that immigration won't require a person to be found guilty. Conviction has different meanings in criminal and immigration contexts.
Obviously, being found guilty in a criminal case will qualify as a conviction for all purposes. Equally, simply paying a traffic ticket, even without entering a guilty plea, will surely count as a conviction because Texas law requires it. Texas considers traffic tickets to be criminal cases punishable by fine only, and paying the fine is essentially serving the sentence for the crime. Paying for a ticket includes a situation in which a court allows community service as an alternative to paying money for a violation.
Deferred Disposition vs. Dismissal: What Immigrants Should Know
That leaves a few options for the non-citizen accused. In essence, it's give up and just pay, hope the prosecutor dismisses the case, or fight tooth and nail.
One of the legal options would be to request a "deferred disposition," which typically ends up as a dismissal. For driving record purposes, that's a great outcome, but we shouldn't expect it to help with immigration because that will almost certainly be considered a conviction against "good moral character."
"Deferred adjudication" in other criminal cases is considered a conviction for immigration. "Deferred disposition" in a traffic ticket under Texas law is surely similar enough to "deferred adjudication" we should expect a traffic ticket to be treated as a conviction.
Another possibility is a prosecutor may choose to dismiss the traffic ticket, which would be a great outcome, but that decision is beyond the control of the accused.
The last choice remaining is to fully contest the case. That could mean trying to find legal ways to bar the state from being able to go to trial, or to ask the court to disallow incriminating evidence against you. If all else fails, a trial by judge or jury is the only choice remaining. Should the trial end in a finding of guilt, asking for a new trial or appealing would be the next step.
Appeal is usually "de novo," meaning a new trial. In Texas, that means the accused has two chances to win at trial in two different courts. A few courts may require more formal appeals on legal grounds only.
Why Contesting Traffic Tickets May Be Your Only Real Option
Becoming a United States citizen can be very difficult process, and it can take many years to accomplish. You may only get one shot at citizenship. For now, there is no way to know with absolute certainty what how much traffic tickets will harm your chances. You may not know until after harm occurs.
Paying a ticket without a fight is a conviction. Deferred disposition is realistically a conviction. Losing after a knock-down, drag-out fight is a conviction. The main difference is that only ONE of those options has a chance of winning. No lawyer can ethically guarantee a win at trial, but there's a better chance of winning the fight than surrendering before the fight. Only you can make the choice as to what to do, but the right choice seems obvious.
