In the past year, Texas Republicans have implemented significant regulatory and legal changes that have dramatically affected the lives of noncitizens in the state. These new measures restrict access to occupational licenses, vehicle registration, commercial driver’s licenses, and in-state tuition for colleges and universities.
The repercussions of these changes are particularly severe for the 1.7 million undocumented individuals in Texas, along with numerous refugees and those with protected legal status, such as recipients of Deferred Action for Childhood Arrivals (DACA). More than 6,400 refugees and DACA holders have already lost their commercial driver’s licenses, and many more noncitizens are expected to be barred from working in licensed professions ranging from construction and healthcare to air conditioning and cosmetology.
Immigration attorneys and advocates report that the convoluted new regulations have created a climate of fear and uncertainty. “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,” noted Corinne Kentor from the Presidents’ Alliance on Higher Education and Immigration.
This shift aligns with the goals of many Republican officials, who have begun to reverse decades of policies that initially allowed for greater inclusion of undocumented individuals in Texas. Once opposed to mass deportations and supportive of higher education access for undocumented students, the party is now actively dismantling benefits and services that fostered a welcoming environment for noncitizens.
Various factors, including the surge in immigration during the Biden administration, Donald Trump’s aggressive immigration policies, and an intense election cycle, have spurred state leaders to adopt policies previously deemed too extreme within the party. Some Texas officials are now targeting Plyler v. Doe, a landmark Supreme Court decision from 1982 that mandates public schools to educate undocumented students.
“Benefits, licenses, and taxpayer-funded services should not be used to incentivize unlawful presence at the expense of hardworking Texans,” stated Andrew Mahaleris, a spokesperson for Governor Greg Abbott. “These steps ensure compliance with federal law, protect the integrity of our systems, and prioritize jobs and resources for legal residents and citizens.”
The implementation of these changes has occurred outside the usual legislative framework, leading to confusion even among the agencies tasked with enforcing them. Democratic lawmakers, who successfully blocked many of these proposals during the legislative session, have expressed frustration at the sudden influx of executive actions.
“The governor is legislating through rulemaking,” said Rep. Ramon Romero, D-Fort Worth. “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.”
When a bill seeking to revoke in-state tuition for undocumented college students failed last session, immigration advocates were relieved, believing that the 2001 law would remain intact for at least two more years. However, shortly after the legislative session concluded, Attorney General Ken Paxton moved to challenge the law, prompting a requirement for students to prove they are “lawfully present” to qualify for in-state tuition. This change threatens the educational opportunities of potentially 18,500 students previously covered by the program.
In the months following the regular legislative session, Paxton, Abbott, and various agencies have been busy navigating the legal and regulatory landscape to strip services and benefits from noncitizens. In September, Abbott instructed the Texas Department of Public Safety to enforce a federal English proficiency requirement for truck drivers, leading to the revocation of commercial driver’s licenses for non-English speakers.
Additionally, the agency announced it would cease issuing or renewing commercial driver’s licenses for DACA recipients, refugees, and asylum seekers, following a similar national policy from the Trump administration that was temporarily blocked by a federal court.
Republican leaders cite a handful of high-profile accidents involving drivers without permanent residency, such as a crash in Austin that resulted in five fatalities last March, to justify these policies. Following this incident, federal officials initiated a nationwide audit, resulting in the revocation of licenses from over 6,000 drivers.
The Department of Motor Vehicles has also tightened photo identification requirements for registering and purchasing vehicles, responding to calls from state Rep. Brian Harrison, R-Midlothian, for enhanced oversight. Harrison maintains that undocumented drivers have contributed to rising car insurance costs and increased road hazards.
However, during legislative hearings, representatives from small businesses, industry groups, and advocacy organizations warned that such stricter regulations would lead to more unregistered and uninsured drivers, undermining the very safety measures Harrison sought to implement.
Pablo Higueros, president of Texas United Auto and Community Alliance, which comprises car dealership owners, insurance agents, and tax collectors, noted that dealerships serving predominantly Hispanic communities are experiencing declining business as customers struggle to provide necessary legal identification for car purchases.
Many potential buyers are now traveling to other states to purchase and register vehicles, while others are forced to drive unregistered cars to work or school, heightening the risk of being stopped by law enforcement and facing deportation.
“The state in a way got really smart,” Higueros remarked. “Now when a cop stops you (for driving an unregistered vehicle), they do have probable cause to arrest you and there’s no way we can fight it.”
Most recently, the Texas Department of Licensing and Regulation voted to significantly restrict the types of jobs for which noncitizens can obtain licenses, affecting a wide array of professions, from electricians to speech pathologists and dog breeders. Under the new regulations, most noncitizens will only be eligible for occupational licenses if they possess a green card, have been granted asylum or refugee status, or are recognized as victims of human trafficking, with DACA recipients being excluded entirely.
Lorena Chavarría, a social worker and advocate for domestic violence survivors, founded DACS Academy, Austin’s first Spanish-language cosmetology school, to help women, many of whom are undocumented and escaping abusive situations, gain training, licensure, and employment. “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,” Chavarría stated during a public hearing, highlighting the wider impact on families and communities.
Gloria Leal, general counsel for the League of United Latin American Citizens, expressed concern over the unusually self-generated nature of these recent agency changes, noting, “There’s a [legislative] process to make sure that whatever comes out meets the will of the people, and the representatives who represent us.”
Romero, chair of the Mexican American Legislative Caucus, pointed out that many of the recent changes had been proposed as bills by legislators but failed to garner sufficient support in the Republican-controlled chambers. He emphasized that most Republicans understand the importance of the workforce, noting that they do not want to see people driving without registered vehicles, which would lead to more uninsured motorists and higher insurance costs.
Abbott’s recent actions have been characterized as an overreach of the governor’s traditionally limited powers, as many of these changes are being facilitated outside the legislative process. All proposed agency rules are subject to Abbott’s review before becoming public, following a directive he issued in 2018 that granted him more authority over executive branch entities.
Since then, Abbott has consolidated power by appointing numerous allies to a wide range of agency boards and commissions. Of the members who approved the recent occupational licensing changes, six of seven were appointed by Abbott, as were all nine members of the board that approved the new car registration rule.
“Apparently whoever’s in power gets to abuse that power,” said Jim Harrington, a constitutional law professor and founder of the Texas Civil Rights Project. “We’re not gonna abide by the way our government is structured or the way that it has operated in the past. If we have the power, we’re gonna do it the way we want to do it.”
Mahaleris, the governor’s spokesperson, reiterated that Abbott would continue to utilize all necessary tools to deter illegal immigration and maintain Texas as a law-and-order state.
These rapid changes have left advocates anxious about future developments, especially with the Legislature in recess for the next nine months. Recently, senior White House adviser Stephen Miller pressed Texas GOP lawmakers on the lack of progress in passing legislation to challenge Plyler v. Doe.
However, any attempt to overturn Plyler may also necessitate legal or regulatory maneuvers outside the Capitol. A Republican official familiar with the discussions indicated that the Legislature might not be ready to challenge Plyler directly.
“Nobody in the mainstream of the Republican caucus wants to take away educational opportunities from the children of illegal immigrants, who through no fault of their own were brought into the United States,” the official revealed, speaking anonymously about private conversations. “What we would prefer is for the federal government to deport the family, or, if they don’t, then pay for the education.”
