Texas Republicans have recently implemented a series of new regulations impacting noncitizens residing in the state. These changes restrict access to occupational licenses, education, and various other services.

Broadening Restrictions on Noncitizen Access

Over the past year, Texas has significantly altered regulations affecting noncitizens. Restrictions now extend to occupational licenses, vehicle registration and purchase, commercial driver’s licenses, and in-state tuition at colleges and universities. These alterations are causing hardship for the estimated 1.7 million undocumented individuals in Texas, as well as refugees and those with protected legal status, such as Deferred Action for Childhood Arrivals (DACA) recipients.

Impact on Licenses and Employment

More than 6,400 refugees and DACA recipients have already lost their commercial driver’s licenses. Immigration attorneys and advocates report widespread fear and uncertainty as many more noncitizens anticipate losing the ability to work in licensed industries, including construction, medicine, air conditioning, and cosmetology.

Concerns Over Exclusion and Legal Challenges

Corinne Kentor, from the Presidents’ Alliance on Higher Education and Immigration, stated that these actions represent a “larger, coordinated effort to exclude noncitizens,” beginning with education and extending to workforce participation and mobility. A concerted effort to limit access to services and benefits for noncitizens is currently underway.

Political Motivations and Policy Shifts

The current policy shifts are influenced by the Biden administration’s immigration policies, former President Donald Trump’s strict measures, and a politically charged election cycle. Some Texas officials are also targeting Plyler v. Doe, a 1982 Supreme Court ruling requiring public schools to educate undocumented students.

State Justification for Changes

Andrew Mahaleris, a spokesperson for Gov. Abbott, stated that benefits, licenses, and taxpayer-funded services should not “incentivize unlawful presence at the expense of hardworking Texans.” He added that these steps are meant to ensure compliance with federal law, protect system integrity, and prioritize jobs and resources for legal residents and citizens.

Circumventing the Legislative Process

These changes are being implemented outside the usual legislative process, causing confusion even within the agencies responsible for enforcement. State Rep. , D-Fort Worth, expressed concern that the executive branch is circumventing the legislative process, stating that the actions are “not congruent with the oaths sworn to uphold the Constitution.”

In-State Tuition Restrictions

A legal challenge has restricted in-state tuition access, requiring students to demonstrate “lawful presence” in the country. This puts the higher education prospects of potentially 18,500 students at risk. Some universities initially mistakenly informed DACA recipients of their ineligibility, despite later guidance from the state.

DPS Actions and Enforcement

In the 10 months since the legislative session concluded, Paxton, Abbott, and various agencies have continued to eliminate services for noncitizens. The Texas Department of Public Safety (DPS) has been ordered to enforce a federal English proficiency requirement for truck drivers and cease issuing commercial driver’s licenses to non-English speakers. DPS has taken enforcement actions against over 400 drivers, many licensed in Mexico, and will no longer issue or renew licenses for DACA recipients, refugees, and asylum seekers.