The Law Mind

Initial Appearance Of Undocumented Alien Detained As Material Witness

W.D. Tex. Local R. CR-5b

Appearance . Upon the filing of an affidavit under 18 U.S.C. § 3144 alleging that an undocumented alien is a material witness, the witness must bebrought before the court without unnecessary delay. Procedure . Upon presentation of an undocumented alien witness, the court must: consider, with the assistance of pretrial services, whether the witness may be released under 18 U.S.C. § 3142, including release under an available community release program; and appoint counsel to represent the witness under the Criminal Justice Act, 18 U.S.C. § 3006A, if the court determines that: the witness is financially unable to retain counsel, and the witness does not waive counsel. Detention . If the witness is ordered detained, the detention must accord with the provisions of Rule CR-15B. <div id="faq-4214"
Official source: https://www.txwd.uscourts.gov/court-information/lcr-criminal-rules/ · retrieved 2026-07-22