Texas cracks down on undocumented immigrants’ access to school and jobs

Photo credit: Houston Public Media

In Texas, state officials over the past year have implemented a series of regulatory and legal changes that restrict noncitizens’ access to licenses, education benefits, and vehicle-related services, affecting undocumented residents, refugees, and individuals with protected legal status, according to state agencies and advocacy groups.

The changes, carried out through agency rules and legal actions rather than new legislation, have led to the loss of thousands of commercial driver’s licenses and limited eligibility for occupational licensing and in-state tuition.

State agencies have revoked more than 6,400 commercial driver’s licenses from refugees and Deferred Action for Childhood Arrivals (DACA) recipients. Officials have also enforced stricter identification requirements for registering and purchasing vehicles and have limited eligibility for occupational licenses to individuals with specific immigration statuses, such as green card holders, asylees, and refugees. These rules affect industries including construction, health care, and cosmetology.

Attorney General Ken Paxton challenged a 2001 law that allowed undocumented students to qualify for in-state tuition. A court ruling now requires students to prove lawful presence in the United States to receive the benefit, which may affect up to 18,500 students. Some universities initially misapplied the rule to DACA recipients before receiving updated state guidance.

Governor Greg Abbott directed state agencies to adopt several of the changes, including enforcing federal English proficiency requirements for commercial drivers and expanding oversight of agency rulemaking. A 2018 directive requires agencies to obtain the governor’s approval before publishing new rules.

State officials said the measures aim to ensure compliance with federal law and prioritize resources for legal residents. Critics, including immigration advocates and some lawmakers, said the changes have created confusion and uncertainty for affected communities and businesses.

Some Texas officials have also discussed challenging Plyler v. Doe, a U.S. Supreme Court decision that guarantees public education for undocumented children, though no formal action has been taken.

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