Disaster Manual: Section 15 – Immigration Issues

Excerpted from the State Bar of Texas Disaster Manual • Last Updated August 25, 2025

Caution!

U.S. immigration laws, policies, and practices continue to change rapidly in 2026. Before making any decisions, consult an immigration attorney. One way to find an attorney is through the American Immigration Lawyers Association Find an Immigration Lawyer.

15.1 Overview

Disasters pose unique risks to immigrants. Increased interaction with local and federal law enforcement agencies during disaster relief efforts can place immigrants in precarious situations where seeking assistance may jeopardize their ability to remain in the country.

Although the rules and eligibility guidelines of many disaster relief programs offer explicit protections for immigrants, it is reasonable for immigrants to be wary of the perceived and actual risks of accepting assistance, including the possibility of detention and deportation.

This chapter addresses common issues and questions that noncitizens face in disaster situations regarding the exercise of their legal protections and rights.

15.2 Most common issues and questions

A. Federal Emergency Management Agency (FEMA) and access to emergency assistance

Do I qualify for FEMA benefits? If so, how do I access FEMA benefits?
Will accepting FEMA benefits affect my immigration status or my application to become a lawful permanent resident?
What are the consequences of sharing the identity of my family members and myself with FEMA or other state agencies that distribute FEMA benefits?
What if FEMA denies my initial application for FEMA benefits?
I am undocumented. Is it safe to seek assistance from emergency shelters, food banks, and other nonprofit organizations?

B. Immigration cases

What do I do if I missed an immigration court hearing, an appointment with an immigration official, or a biometrics appointment?
How do I know if my upcoming appointment or hearing will still take place?
I have lost my identity and court documents. How can I get new documents?
What are my options if the disaster has affected my ability to file necessary immigration documents by a set deadline?
I have an ankle monitor that I must wear while my immigration case is pending, and I cannot leave my house. I cannot keep my ankle monitor charged. What do I do?
I have a mobile device, such as my mobile phone, with the SmartLINK app and GPS function. I must keep the device turned on to comply with ICE supervision. I cannot keep the device charged. What do I do?
I am temporarily displaced from my home or have moved after the storm. How do I change my address with the court or agency in charge of my case?
I have a loved one in an immigration detention center. How can I find out if they are safe?

C. Other questions

I am a foreign student whose visa depends on my enrollment in school. The disaster has affected my ability to pay for my studies. What are my options?
Should I be afraid of driving if I am undocumented?
Somebody stole my wages. If I call the police, will I be deported?

15.3 Summary of the law

A. General

Programs for immigrant disaster victims have different requirements and definitions regarding who may apply. Under 44 C.F.R. § 80.3(h) and 8 U.S. Code § 1641, a “qualified alien” for FEMA benefits is an individual who falls under one of the following categories:

Lawful permanent residents (“green card” holders or LPRs);
Applicants who have been granted asylum;
Individuals who have been admitted as refugees;
Individuals who have been granted humanitarian parole for at least one year;
Individuals whose deportation has been withheld;
- Withholding of removal can be based on any of the five protected grounds: race, religion, national origin, political opinion, or membership in a particular social group. This is equally applicable to asylees and refugees.
Individuals granted conditional entry under the law in effect before April 1, 1980;
Individuals who were Cuban or Haitian entrants under the Refugee Education Assistance Act of 1980;
Noncitizens in the U.S. who have been abused or subjected to battery or extreme cruelty by a spouse or other family or household member, but only if, in the opinion of the agency providing the benefits, there is a substantial connection between the battery or cruelty and the need for the benefits; and
Noncitizens whose children have been battered or subjected to extreme cruelty, and noncitizen children whose parent has been battered or subjected to extreme cruelty, who meet certain criteria with an approved or pending petition.

Individuals are not eligible for disaster benefits if they have:

A nonimmigrant visa, such as a work, student, or travel visa;
Temporary Protected Status (TPS);
Deferred Action for Childhood Arrivals (DACA);
A pending asylum application with a temporary Social Security number; or
No lawful immigration status, such as an expired visa or entry into the U.S. without inspection.

A “qualified alien” may access disaster relief benefits such as cash assistance through FEMA. Undocumented immigrants will not directly have access to these programs. However, anyone—regardless of their own immigration status—can apply on behalf of a qualified minor child who is either a “qualified alien” or U.S. citizen in the same household.

B. Public charge law

Regardless of how someone applies for disaster relief benefits, it is important to be aware of restrictions that may affect their immigration status, including the public charge law.

A “public charge” is an individual who is primarily dependent on the government for support by receiving cash assistance for income maintenance or by being institutionalized for long-term care at government expense.

The “public charge” rule finalized in February 2020 that might have made noncitizens ineligible for permanent residency because they received certain public benefits has been repealed in its entirety.

The Biden Administration issued a final rule on “public charge” on September 8, 2022, that significantly narrowed the list of federal means-tested benefits that would trigger public charge considerations. The rule took effect on December 23, 2022.

One-time or limited-duration disaster cash assistance generally does not trigger a public charge determination. Cash assistance received by family members of a noncitizen is not attributed to the noncitizen for purposes of a public charge determination.

Public charge law is particularly relevant to immigrants who are eligible to become lawful permanent residents and immigrants seeking to enter the United States on certain types of visas.

Under section 212(a)(4) of the Immigration and Nationality Act (INA), the test for determining whether an immigrant is a public charge involves factors such as:

Age;
Income;
Resources;
Family situation;
Education;
Health; and
The sponsor’s affidavit of support.

No single factor determines whether an individual is a public charge. Immigration officials consider whether an individual has been primarily dependent on certain benefits in the past and whether the individual is likely to become a public charge in the future.

The public charge test does not apply to several categories of immigrants, including:

Asylees;
Refugees;
U or T visa applicants or holders;
VAWA self-petitioners; and
Children seeking or granted Special Immigrant Juvenile Status (SIJS).

There is also no public charge test for individuals applying for:

U.S. citizenship;
Renewal of a green card;
Deferred Action for Childhood Arrivals (DACA);
Asylum;
Temporary Protected Status (TPS); or
Deferred Enforced Departure (DED).

C. Tenant rights

Generally, a tenant’s rights are based on the language of the lease between the tenant and landlord and the requirements of the Texas Property Code. For a more general discussion of tenant rights following a disaster, see Chapters 4 and 5 of the Disaster Manual.

In the aftermath of a disaster, undocumented tenants may face additional challenges when trying to enforce their rights as renters or obtain new housing. Federal and state law do not provide clear guidelines on what immigrants should do in every such situation. Undocumented disaster victims should consider consulting a qualified immigration attorney for guidance.

Generally, the federal Fair Housing Act (FHA) prohibits a landlord from refusing to rent based on “race, color, religion, sex, familial status, or national origin.” See 42 U.S. Code § 3604.

Case law has addressed whether undocumented people receive FHA protections. See Central Alabama Fair Housing Center v. Magee, 835 F. Supp. 2d 1165, 1196 (M.D. Ala. 2011), vacated as moot, 2013 WL 2372302 (11th Cir. May 17, 2013); and De Reyes v. Waples Mobile Home Park Ltd. Partnership, 903 F.3d 415, 431–432 (4th Cir. 2018), cert. denied sub nom. Waples Mobile Home Park Ltd. P'ship v. de Reyes, 139 S. Ct. 2026 (2019).

D. Employee rights

Undocumented workers cannot qualify for regular unemployment compensation. However, if an immigrant has a valid work permit, has lost a job because of a disaster, and meets other requirements, the immigrant may qualify for regular unemployment compensation.

For more information, see Chapter 6 of the Disaster Manual.

If an immigrant does not qualify for regular unemployment benefits, the immigrant may consider applying for Disaster Unemployment Assistance (DUA). DUA provides financial help to employed or self-employed workers in a federal disaster area whose employment is lost or interrupted because of a major disaster.

DUA is available only to citizens, permanent residents, and people with valid work permits.

In the aftermath of a disaster, many people rely on immigrants to repair their homes or businesses. Too often, undocumented workers are not paid for their labor.

The Texas Payday Law, administered by the Texas Workforce Commission (TWC), protects both documented and undocumented workers whose wages are stolen by their employers. Claims must be filed within 180 days after the wages were due.

The Department of Homeland Security also issued Policy Statement 065-06 and, on January 13, 2023, offered deferred action to protect noncitizen workers from threats of immigration-related retaliation by exploitative employers. U.S. Citizenship and Immigration Services (USCIS) began implementing the worker-related deferred action process on June 1, 2023.

15.4 Useful websites and contact information

FEMA Emergency Assistance Helpline: 1-800-621-3362
State Bar of Texas Lawyer Referral & Information Service: 1-800-252-9690
Texas RioGrande Disaster Legal Aid: 1-956-996-8752 or 1-833-329-8752
Lone Star Legal Aid: 1-800-733-8394
Legal Aid of NorthWest Texas, Inc.: 888-529-5277
Houston Volunteer Lawyers: 1-713-228-0735
American Immigration Lawyers Association: 202-507-7600
Houston Immigration Legal Services Collaborative: Greater Houston only
Houston Immigrant Resource Hotline: 1-833-468-4664 (Greater Houston only)
State Bar of Texas Disaster Relief Services, State Bar of Texas Legal Hotline: 1-800-504-7030

15.5 Frequently asked questions

Q. 15-1: Do I qualify for FEMA benefits? If so, how do I access FEMA benefits?

You can apply for assistance after the President declares a disaster in your state and your county is named as a recipient for individual assistance.

Check FEMA's disaster declarations for updates on the status of your state and county.

To access benefits, contact the FEMA Helpline at 1-800-621-3362. For TTY, call 1-800-462-7585. For 7-1-1 or Video Relay Service, call 1-800-621-3362.

For more information, see Chapter 2 of the Disaster Manual.

Eligibility

You can apply for FEMA assistance if you meet the eligibility requirements for being a “noncitizen national” or a “qualified alien” and meet FEMA’s other eligibility requirements.

“Qualified aliens” include:

Lawful permanent residents (LPRs or “green card” holders);
Applicants who have been granted asylum;
Individuals who have been admitted as refugees;
Individuals who have been granted humanitarian parole for at least one year;
Individuals whose deportation has been withheld;
Individuals granted conditional entry under the law in effect before April 1, 1980;
Individuals who were Cuban or Haitian entrants under the Refugee Education Assistance Act of 1980;
Noncitizens in the U.S. who have been abused or subjected to battery or extreme cruelty by a spouse or other family or household member when there is a substantial connection between the battery or cruelty and the need for benefits; and
Certain noncitizens whose children have been battered or subjected to extreme cruelty, and certain noncitizen children whose parent has been battered or subjected to extreme cruelty, with an approved or pending petition.

If you are an ineligible parent or guardian with an eligible minor child, you can apply on behalf of your child if the child lives in your household and was born in the U.S.

The application will require the child’s name, age, and Social Security number. Only one applicant per household is required.

The online application requires the applicant to declare that the applicant or someone in the household is a citizen, noncitizen national, or “qualified alien” of the United States.

The applicant must sign a sworn statement called a “Declaration and Release Form,” stating that the applicant or eligible minor child is a “qualified alien.”

If one household member is a minor child who is eligible as a U.S. citizen or “qualified alien,” all household members qualify for assistance regardless of the immigration status of the other household members.

As of November 2019, FEMA’s news releases and policy stated that FEMA would not collect or review the immigration status of other members of the applicant’s household aside from the minor child.

Non-eligibility

You are not eligible to receive FEMA assistance if you:

Have only a nonimmigrant visa, such as a work, student, or travel visa;
Are receiving TPS;
Are receiving DACA; or
Are undocumented.

However, U.S. citizens and “qualified aliens” in the household are eligible for those benefits.

You are not eligible to receive FEMA cash assistance if:

No household member is eligible, although your household can still receive non-cash assistance through state and local programs, such as emergency food and shelter, crisis counseling, disaster legal services, and other short-term emergency assistance; or
You are in the U.S. on a temporary tourist visa, student visa, work visa, or have a temporary resident card.

Lawful presence in the U.S. and a Social Security number alone do not make you eligible for FEMA cash assistance. You must meet all other FEMA eligibility requirements.

Required documentation

To apply for FEMA aid, you will need to provide:

Your Social Security number;
Your current and pre-disaster addresses;
Your telephone number;
Insurance and income information for your household;
A description of losses caused by the disaster; and
A bank routing and account number if you want direct deposit into your bank account.

If you need immediate assistance during a natural disaster or want more information about FEMA or other programs, you can go to a FEMA Disaster Recovery Center (DRC).

You can also text “DRC” and a ZIP code to 43362 to find your nearest DRC or call 1-800-621-3362. For TTY, call 1-800-462-7585. Standard message and data rates apply.

Cash assistance

FEMA cash assistance is available through the Individuals and Households Program (IHP), which provides money for necessary expenses that cannot be met through other means.

These needs can include:

Medical and dental expenses;
Moving and storage expenses; and
Child care.

The standard FEMA registration period is 60 days after the date the President declares a disaster in your area.

You can apply in person at a Disaster Recovery Center, online, or through the FEMA smartphone app.

FEMA cash assistance and other FEMA assistance do not trigger a public charge issue. See the “Public charge law” section above and Q. 15-2 below.

Housing assistance

FEMA also provides housing assistance through IHP, including:

Rental assistance;
Temporary lodging reimbursement; and
Home repair or replacement assistance.

For more information about FEMA, see Chapter 2 of the Disaster Manual.

Unemployment assistance

Individuals who are “qualified aliens” may apply for Disaster Unemployment Assistance (DUA) through FEMA.

You generally must apply within 30 days of the announcement that DUA is available. Under circumstances unique to a disaster, the U.S. Department of Labor may extend the deadline.

Survivors should check with their local unemployment or workforce agency to confirm the deadline for applying.

You also must not have declined an offer of employment in a suitable position.

Q. 15-2: Will accepting FEMA benefits affect my immigration status or application for lawful permanent residence?

Under USCIS guidance described in the original article, acceptance of emergency disaster relief is not considered a public benefit that would cause you or members of your household to become ineligible for lawful permanent residence (a green card) or a visa based on being a “public charge.”

The Biden Administration removed the public charge rule finalized by the Trump Administration in February 2020. The Biden Administration issued a final public charge rule on September 8, 2022, which took effect on December 23, 2022.

The rule incorporated much of the former public charge standard that had existed since 1999 and provided guidance to immigration and consular officials making public charge determinations.

Q. 15-3: I am undocumented. Is it safe to seek assistance from emergency shelters, food banks, or other nonprofit organizations?

Local communities, the Red Cross, and other voluntary agencies manage most shelters.

Although practices vary by agency, most agencies will not give private information to government agencies. For example, the Red Cross does not ask individuals to show identification to stay in its shelters.

Similarly, many local food banks and other nonprofit-run charities do not ask for identification or require a person to prove immigration status. Some agencies do ask for identification and proof of address, but they generally collect this information for internal purposes.

The way Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) enforce immigration laws during disasters may depend on policies in effect at the time.

For example, during Hurricane Harvey in 2017, ICE and CBP did not conduct routine immigration enforcement at evacuation sites, shelters, or food banks, although ICE reserved the right to act if confronted with a serious criminal situation.

During Hurricane Harvey, CBP kept its checkpoints open. CBP vehicles were also stationed outside some shelters in Houston, which made some immigrants fearful of going to shelters even though there were no enforcement activities taking place there.

On October 27, 2021, the Department of Homeland Security issued guidance designating places where disaster or emergency response and relief are being provided as “protected areas” where immigration enforcement generally should not take place.

For more information about a particular shelter, food bank, or other voluntary agency, contact the Red Cross at 1-800-733-2767. You can also contact 2-1-1 for referrals.

Q. 15-4: What can happen if I am driving and I am undocumented?

Driving without a license is a traffic offense and may result in a citation requiring you to appear in court and pay a fine.

Officers also have discretion to arrest someone for driving without a license. For undocumented immigrants, an arrest can also result in an immigration detainer and transfer to ICE custody after the local legal process ends.

If you drive without a driver's license, make sure you have required liability insurance, maintain your vehicle's registration, and follow traffic laws.

Under a Texas law passed in 2017 known as “SB4” (Senate Bill 4), local jurisdictions must cooperate with federal detainers and cannot have policies prohibiting officers from asking about a person's immigration status.

If police ask about your immigration status or country of origin, you do not have to answer. An officer is also not allowed to arrest or hold you based solely on your immigration status.

If you are under arrest, you are required to give your name, residence address, and date of birth.

The original article states that the SB4 passed in 2017 was in full force and effect and that the similarly numbered SB4 passed in 2023 was in litigation and was not yet in effect at the time the article was published.

Q. 15-5: If I have a loved one in an immigration detention center, how can I find out if they are safe?

ICE is responsible for keeping individuals in its custody safe.

During a storm or other disaster, ICE may transfer detainees from one facility to another for their safety.

The fastest way to find someone in detention during a disaster is to call the detention facility.

Be prepared to provide the person's:

Name;
Alien registration number (“A-number”);
Country of birth; and
Birthdate.

You can also check the ICE online detainee locator for adults. However, the locator is not updated in real time and may take days or weeks to reflect a transfer.

You may also want to call immigration legal services nonprofits in your area because they may know whether certain detention facilities are being evacuated during or before a storm.

Q. 15-6: What do I do if I missed an immigration court hearing, immigration appointment, or biometrics appointment?

During a storm or other natural disaster, it may be dangerous or impossible to attend USCIS appointments or immigration court hearings.

In an emergency, these agencies may also close. You should not put your personal safety at risk during a disaster or its aftermath.

If a court or agency closes because of a natural disaster, your hearing or appointment should be rescheduled.

Immigration Court (Executive Office for Immigration Review)

The Executive Office for Immigration Review (EOIR) has an automated hotline that provides information about cases initiated in immigration courts.

The hotline provides information including hearing dates and immigration judge decisions. Call 1-800-898-7180. You will need your A-number.

The EOIR hotline may not be updated during an emergency.

If the court closes on the date of your hearing, the court will automatically reschedule your hearing, and you should receive a new hearing notice by mail. This is one reason it is important to update the court with your current address if you move.

If the immigration court is open and you cannot attend because it is unsafe to do so, you may still be subject to a removal order.

If you miss an immigration court hearing, you could be ordered removed. During a natural disaster or emergency, however, the court may be more flexible and reschedule your hearing.

Try to call the local immigration court and speak with your judge's clerk to explain that you cannot attend. This may not prevent the court from entering a removal order.

If the court enters a removal order, you should try to reopen your case with evidence showing that you could not attend court. For example, if it is safe to do so, photographs of flooded streets could help show that you could not physically leave your home.

Consider contacting a nonprofit immigration legal services provider for help filing a motion to reopen.

U.S. Citizenship and Immigration Services (USCIS)

You can get information about USCIS office closures by calling the USCIS Contact Center at 1-800-375-5283. The TTY number is 1-800-767-1833.

If a USCIS office is closed on the date of your appointment, USCIS should reschedule you for a new date and time. A notice should be mailed to you, so it is important to update USCIS with your current address if you move after a storm.

If the USCIS office is open but you cannot attend because of a natural disaster or its aftermath, call the USCIS Contact Center and explain that you will miss your appointment because of the disaster.

If you missed a biometrics appointment or need to know whether a biometrics office is open, call the USCIS Contact Center.

Immigration and Customs Enforcement (ICE)

If you missed a scheduled appointment or check-in with ICE, call your ICE field office or contact your case manager if you have their direct contact information.

Q. 15-7: I lost my documents. How can I get replacements?

There are many types of important government documents, from identification documents to court records. Different federal and state agencies are responsible for issuing originals and copies.

U.S. Citizenship and Immigration Services (USCIS)

USCIS will reissue certain documents for a fee.

If you lost documents because of a disaster and cannot afford the filing fees because of the disaster, you may request a fee waiver along with the appropriate form.

Common forms include:

Lawful Permanent Resident Card (“Green Card”): Form I-90
Arrival/Departure Record I-94: Form I-102
Employment Authorization: Form I-765
Naturalization/Citizenship Certificate: Form N-565
Fee Waiver: Form I-912

When requesting a fee waiver, include evidence showing how the natural disaster affected the loss of your documents.

To obtain a copy of your immigration record containing copies of applications you have submitted, you can make a Freedom of Information Act (FOIA) request.

The mailing address provided in the original article is:

U.S. Citizenship and Immigration Services

National Records Center, FOIA/PA Office

P.O. Box 648010

Lee’s Summit, MO 64064-8010

State of Texas-issued documents

To obtain copies of Texas documents such as:

Birth certificates;
Marriage licenses;
Divorce decrees;
Vehicle titles; or
Texas driver's licenses or identification cards,

see TexasLawHelp's information about replacing lost documents.

Federal government-issued documents

For information about replacing U.S. government documents such as:

Passports;
Social Security cards;
Medicaid documents;
IRS documents;
Income tax returns; and
Military service records,

see TexasLawHelp's information about replacing lost documents.

Foreign government-issued documents

To obtain copies of foreign government-issued documents, contact your consulate.

Important: If you are an asylum seeker, contact an attorney. Do not contact your government.

To find a private immigration attorney, you may contact the American Immigration Lawyers Association (AILA) at 1-202-507-7600.

If you are in Houston, call the Houston Immigrant Resource Hotline at 1-833-468-4664 to connect with a local nonprofit organization that may be able to help.

Immigration Court documents

You can obtain copies of immigration court documents in two ways:

Submit a Freedom of Information Act (FOIA) request; or
Go to the immigration court where your case is pending.

To obtain the most complete copy of your immigration court case, you will need to submit a FOIA request. Processing may take from three months to a year.

You may also be able to view your file at the immigration court where your case is being heard. The court may limit the number of copies you can make.

To view your file, go to the immigration court where your case is being heard and submit a request to view the file. Depending on the court's policies, you may have to return on another date.

You cannot take the court file with you and may not be able to copy the entire record.

Q. 15-8: What are my options if a disaster affected my ability to meet an immigration filing deadline?

First, promptly consult with a nonprofit legal services provider or private immigration attorney.

If you are seeking a benefit from USCIS but have fallen out of status because of a natural disaster, USCIS may consider a request for an extension or change in status if you can show that the request is directly connected to the disaster.

According to USCIS guidance cited in the original article, if you do not apply for an extension or change of status before your authorized period of admission expires, USCIS may excuse the delay if it resulted from extraordinary circumstances beyond your control.

If you failed to appear for a scheduled interview or did not timely submit evidence in response to a notice or request, you may explain how the disaster affected your connection to USCIS and your ability to appear or submit documents as required.

Q. 15-9: What if my initial application for FEMA benefits is denied?

An erroneous denial based on immigration status can occur. If you are denied, you may reapply. Local legal services providers may be able to help with an appeal.

Texas RioGrande Disaster Legal Aid: 1-833-329-8752
Lone Star Legal Aid: 1-800-733-8394
Legal Aid of NorthWest Texas: 888-529-5277
Houston Volunteer Lawyers: 1-713-228-0735

Q. 15-10: I have moved or am temporarily displaced from my home. How do I change my address?

Depending on your type of immigration case, you may need to submit a change of address to one or more agencies, including:

U.S. Citizenship and Immigration Services (USCIS);
Immigration Court (Executive Office for Immigration Review or EOIR);
Board of Immigration Appeals (BIA); or
Immigration and Customs Enforcement (ICE).

U.S. Citizenship and Immigration Services (USCIS)

If you have a pending application with USCIS and are represented by an immigration attorney, notify your attorney.

You can update your address with USCIS by completing Form AR-11 and submitting it by mail or online if you qualify.

You can also contact the USCIS Contact Center.

Immigration Court (Executive Office for Immigration Review)

If your case is before an immigration court, you must submit Form EOIR-33, Alien's Change of Address Form/Immigration Court, to the specific court where your case is being heard.

If you have an attorney, your attorney should help you file the change-of-address form.

You must also provide a copy of the form to the ICE Office of Chief Counsel.

If you have moved to a different jurisdiction, you may need to file a motion to change venue so you can attend the court nearest you. Otherwise, you may still have to report to the court where you previously lived.

If you miss an immigration court hearing, you may be ordered removed. If you missed a hearing because of a natural disaster, see Q. 15-6.

Board of Immigration Appeals (BIA)

If you have an appeal pending with the Board of Immigration Appeals and need to change your address, notify your attorney.

You must complete and file Form EOIR-33/BIA with the BIA.

You must also “serve” the government attorney—the Department of Homeland Security's Office of Chief Counsel for Immigration and Customs Enforcement—with a copy of the change-of-address form.

Immigration and Customs Enforcement (ICE)

To change your address with ICE, call 1-866-347-2423. The TTY number listed in the original article is 1-802-872-6196.

Q. 15-11: I am a foreign student whose visa depends on my enrollment, and a disaster has affected my ability to pay for my studies. What are my options?

Foreign students do not qualify for FEMA cash assistance under the eligibility rules described above.

However, you might qualify for Student Employment Authorization.

If a disaster affects your ability to support yourself, you may need to work off campus. The disaster may occur in the U.S. and prevent you from working on campus, or it may occur overseas and affect your financial support.

If you can show that you are from an affected country and your Designated School Official (DSO) recommends you for employment, you may be eligible to file Form I-765, Application for Employment Authorization.

Q. 15-12: I have an ankle monitor or SmartLINK device and cannot keep it charged. What do I do?

First, call your docket officer or case manager.

When you call, give your name and A-number to check in and make sure you are not receiving a violation.

If you do not receive a response, leave a voicemail and continue checking in daily. If you have an attorney, contact your attorney and explain the situation.

Second, when it is safe and possible to do so, go to the nearest ICE Field Office or ISAP/BI Incorporated office, report what happened, and obtain new equipment.

If you cannot travel because of transportation problems or flooding, make sure you have reported and documented the problem by telephone. Go to the appropriate office when it is safe to do so.

Q. 15-13: Somebody stole my wages. How can I recover my wages if I am undocumented? If I call the police, will I be deported?

All workers, regardless of immigration status, have rights under state and federal law, and most of these protections are enforced without regard to immigration status.

However, consider consulting a legal aid organization, worker center, or private attorney before contacting a government agency.

Worker centers in Texas include:

Equal Justice Center — Offices in Austin, Dallas, San Antonio, and Houston. For employment matters, call 1-800-853-4028.
Workers Defense Project — Offices in Austin, Dallas, and Houston.
Fe y Justicia Worker Center — Based in Houston.
Fuerza Del Valle — Rio Grande Valley. Call 1-956-283-5650 or email fightwagetheft@gmail.com.

You can report stolen wages without calling the police.

The Texas Payday Law, administered by the Texas Workforce Commission (TWC), protects both documented and undocumented workers whose wages are stolen by their employers.

A wage claim must be filed within 180 days after the wages were due.

If you decide to call the police, be aware that under the Texas law passed in 2017 known as “SB4” (Senate Bill 4), local jurisdictions cannot have policies prohibiting their officers from asking about a person's immigration status.

However, if police ask about your immigration status or country of origin, you do not have to answer.

Additional FEMA resources

FEMA has published flyers with important FEMA assistance information for undocumented immigrants in multiple languages.

Sources

Disaster Manual: Section 15 – Immigration Issues, TexasLawHelp.org, archived by the Internet Archive's Wayback Machine on July 23, 2025.