Over the past year, Texas Republicans have implemented significant regulatory and legal changes impacting the lives of noncitizens, including those with legal status. These changes affect access to occupational licenses, vehicle registration, commercial driver’s licenses, and in-state college tuition.

Broad Impact on Texas Residents

The new rules are impacting the approximately 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. More than 6,400 refugees and DACA recipients have already lost their commercial driver’s licenses.

Many more noncitizens are anticipated to lose their ability to work in licensed professions, ranging from construction and medicine to cosmetology. This complicated situation has created widespread fear and uncertainty, according to immigration attorneys and advocates.

A Shift Towards Exclusion

“These all represent a broader and more coordinated shift … to create a pipeline of exclusion that stretches from limiting access to K-12 education, all the way into participation in the workforce and basic mobility through the state,” stated Corinne Kentor with the Presidents’ Alliance on Higher Education and Immigration.

Circumventing the Legislative Process

State leaders are revisiting long-standing policies that previously made Texas more welcoming to noncitizens. The Biden-era immigration surge, former President Trump’s immigration policies, and a competitive election cycle are contributing factors to these changes.

Governor Abbott’s office defended the actions, stating, “Benefits, licenses, and taxpayer-funded services should not be used to incentivize unlawful presence at the expense of hardworking Texans.” The statement further asserted the changes ensure compliance with federal law and prioritize resources for legal residents and citizens.

Democratic lawmakers have criticized the changes, arguing they bypass the legislative process. State Representative Terry Canales, D-Fort Worth, said, “We are an equal branch of government, and it’s just completely disingenuous for anyone that swears to the Constitution, swears that oath, and then just goes around it.”

Tuition Restrictions and Licensing Changes

When a bill to revoke in-state tuition for undocumented students stalled, Governor Abbott took action through the Department of Justice to overturn the existing law. Students are now required to prove “lawful presence” to qualify for in-state tuition, potentially impacting up to 18,500 students.

The Texas Department of Public Safety (DPS) has also begun strictly enforcing a federal English proficiency requirement for truck drivers, revoking licenses from over 400 drivers, many licensed in Mexico. DPS subsequently stopped issuing commercial driver’s licenses to DACA recipients, refugees, and asylum seekers.

Stricter photo identification requirements for vehicle registration and purchase have also been implemented, leading some potential buyers to purchase vehicles in other states to avoid the new rules.

Impact on Occupational Licenses

Changes have also been made to the types of noncitizens eligible for occupational licenses. Most will now require a green card, asylum, refugee status, or recognition as a victim of human trafficking; DACA recipients are now ineligible.

Lorena Chavarría, founder of DACS Academy, a Spanish-language cosmetology school, expressed concern that these changes will push vulnerable individuals back into cycles of instability. “Individuals who, through our program, were able to leave environments of violence or hardship are now at risk of returning to cycles of instability, economic dependence and even extreme lethargy,” she said.

Appointments and Concerns Over Authority

Critics point to the Governor’s appointments to agency boards and commissions as a means of pushing through these changes outside the legislative process. Six of seven members on the commission approving occupational licensing changes, and all nine members of the car registration board, were appointed by Governor Abbott.

Legal experts, like Jim Harrington, founder of the Texas Civil Rights Project, argue this represents an abuse of power. “Apparently whoever’s in power gets to abuse that power,” he stated.