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Texas Reshapes Immigration Rules: Legal Shifts Affecting Work, Education, and Driving for Noncitizens

Source: Politics – Houston Public Media11 min read

Key Takeaways

  • Texas is enacting significant immigration policy changes via executive actions and agency rules, not new legislative laws.
  • The Attorney General independently overturned in-state tuition for undocumented students, requiring "lawfully present" status.
  • DACA recipients and refugees are losing access to commercial and various occupational licenses, impacting thousands of livelihoods.
  • Stricter car registration rules, meant to deter undocumented drivers, could increase unregistered, uninsured motorists and lead to more arrests.
  • Some Texas officials are pushing to challenge *Plyler v. Doe*, the 1982 Supreme Court ruling guaranteeing public education for undocumented children.
Alright, pull up a chair. Let's talk about what's really going down in Texas, because it's a big deal, and it affects more people than you might think. Over the last year, state leaders here in Texas have quietly pushed through a bunch of rule changes that are turning life upside down for noncitizens, including many who are in the U.S. legally. We're talking about who can get a job license, who can register or buy a car, get a commercial driver's license (CDL), and even who gets in-state tuition at colleges. These aren't just minor tweaks; they're creating a whole new legal playing field, and it’s getting pretty complicated. Think about this: Texas has around 1.7 million people without proper documentation. But these new rules aren’t just hitting them. They're also affecting tens of thousands of refugees and people who have protected legal status, like those under Deferred Action for Childhood Arrivals, or DACA. For instance, more than 6,400 refugees and DACA recipients have already lost their commercial driver’s licenses. That’s a huge blow to their ability to work and support their families. And it's only the start; many more noncitizens are staring down the barrel of losing their ability to work in licensed fields, from construction and medicine to air conditioning repair and even cosmetology. Immigration lawyers and advocates say this mess of new rules has created a lot of fear and uncertainty. Corinne Kentor, who works with the Presidents’ Alliance on Higher Education and Immigration, put it pretty plainly: she sees it as a "pipeline of exclusion." It starts with limiting access to K-12 education, stretches into the workforce, and then hits basic mobility around the state. It's like building legal walls, bit by bit. For many Republican officials, this is exactly the goal. You might remember a time when the Texas GOP wasn't so keen on mass deportations or even worked to help undocumented students get into higher education. But times change, right? With a lot of political pressure from a contentious election season and a big immigration surge under the current federal administration, state leaders are now dusting off old laws and policies. They're trying to roll back benefits and services that used to make Texas a place where noncitizens could integrate into society. And here's the kicker: some folks in Texas government even want to challenge *Plyler v. Doe*, that big 1982 Supreme Court ruling that says public schools have to educate undocumented kids. That’s a huge constitutional battle waiting to happen. Governor Greg Abbott's spokesperson, Andrew Mahaleris, says these actions are about making sure that "benefits, licenses, and taxpayer-funded services should not be used to incentivize unlawful presence." He argues it ensures compliance with federal law, protects Texas systems, and prioritizes jobs for legal residents and citizens. But the way these changes are happening, outside of the usual legislative debates and votes, is sparking a lot of legal and procedural questions. This is where it gets interesting for you as a Texan. These changes aren’t really coming from new laws passed by the Legislature. Instead, they're mostly executive actions and agency rule changes. That's causing a lot of confusion, even within the state agencies that have to put these rules into practice. Democratic lawmakers, who managed to block many of these proposals during the last legislative session, are understandably frustrated. Representative Ramon Romero, a Democrat from Fort Worth, feels the governor is basically "legislating through rulemaking." He argues that it bypasses the legislative branch, which is supposed to represent the people's will. It's a fundamental challenge to how our government is supposed to work, where different branches check each other's power. **A Parade of Legal and Regulatory Shifts** Let’s dive into some specifics of what’s been happening. **In-State College Tuition:** Remember that bill that wanted to yank in-state tuition from undocumented college students? It didn't pass. Advocates thought that meant the 2001 law, which allowed these students to pay in-state rates, was safe for a couple of years. Nope. Just days after the Legislature closed shop, Attorney General Ken Paxton stepped in. He worked with the Department of Justice to get the courts to overturn that law. Now, students need to show they are "lawfully present" to get in-state tuition. This change puts higher education access at risk for potentially 18,500 students who were previously covered. Some universities even mistakenly told DACA recipients they no longer qualified, adding to the confusion. This move by the AG shows just how much power an executive office can wield outside of the legislative process, impacting constitutional rights related to equal protection and education. **Commercial Driver’s Licenses (CDLs):** Then, Governor Abbott directed the Texas Department of Public Safety (DPS) to strictly enforce a federal English proficiency rule for truck drivers. He also ordered them to stop issuing CDLs to non-English speakers. DPS quickly went after more than 400 drivers, mostly licensed in Mexico. Soon after, DPS declared it would stop issuing or renewing CDLs for DACA recipients, refugees, and asylum seekers. This isn't new; the Trump administration tried something similar nationally, but a federal court blocked it, saying the administration didn’t explain how it would make roads safer. Republican officials here point to some high-profile crashes involving drivers without permanent residency. Following one such crash, DPS revoked CDLs from over 6,000 drivers. But many argue that this policy unfairly targets entire groups based on immigration status, stripping away livelihoods without clear evidence of increased safety risks, and it potentially leaves essential goods in short supply, impacting the state’s economy. **Car Registration and Purchase:** The Department of Motor Vehicles (DMV) also quietly made changes, adding stricter photo ID requirements for registering and buying a car. This happened after State Rep. Brian Harrison, a vocal conservative, pushed for tighter oversight. He claimed undocumented drivers were jacking up car insurance rates and making roads more dangerous. He even posted on social media that the Texas government should be a "force multiplier" for federal immigration efforts, saying we're in a "battle for the future of Western Civilization." But here's the ironic twist: at a legislative hearing, small business owners, industry groups, and county tax assessors all testified that these new, stricter rules would likely lead to *more* unregistered and uninsured drivers. Why? Because people still need to get to work or school. If they can’t register a car legally, they’ll drive one illegally. This then increases the risk of them being pulled over, which, given that state and local police often work with federal immigration authorities, could lead to deportation. So, a policy meant to reduce problems might actually create worse ones, impacting public safety and potentially leading to more legal entanglements for immigrants. Pablo Higueros, who heads the Texas United Auto and Community Alliance, says his car dealership customers, especially in Hispanic communities, are suffering. Many are now going out of state to buy and register vehicles, or they're forced to drive unregistered cars. He notes, "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." This new twist effectively turns a minor traffic violation into a potential immigration enforcement action, raising questions about constitutional rights and due process for noncitizens. **Occupational Licenses:** Most recently, the Texas Department of Licensing and Regulation (TDLR) voted to severely limit who can get licensed for a whole bunch of jobs – from electricians and speech pathologists to dog breeders. Most noncitizens won't be able to get an occupational license unless they have a green card, are granted asylum or refugee status, or are recognized as a victim of human trafficking. Critically, DACA recipients are now ineligible for these licenses. Lorena Chavarría, who founded DACS Academy, a cosmetology school for women, many of whom are undocumented domestic violence survivors, spoke powerfully about this. She explained that this change puts women who've escaped violent situations back at risk of "instability, economic dependence, and even extreme lethargy." It’s a policy that directly affects families and dreams, cutting off paths to self-sufficiency and economic independence, essentially forcing people into the shadows or worse. This isn't just an economic issue; it's a profound human rights and social justice concern. **Rules and Regulations: The Executive Power Play** Gloria Leal, general counsel for the League of United Latin American Citizens, used to work as a lawyer for state agencies. She points out that while agencies usually create new rules based on laws passed by the Legislature, these recent changes seem "self-generated." She questions why there’s such urgency to bypass the legislative process, which is designed to ensure new laws reflect the will of the people. This approach challenges the very concept of representative democracy. Representative Romero, who leads the Mexican American Legislative Caucus, confirms that many of these proposals actually failed to pass as bills in the Legislature. He says that even many Republicans understand that Texas’s workforce relies on immigrants. They don’t want more uninsured drivers, higher insurance costs, or property prices shooting up because labor is scarce and expensive. Romero argues that Governor Abbott is overstepping the traditional bounds of Texas's governor, a role that typically has less power than governors in some other states. How is this happening? In 2018, Governor Abbott issued a directive requiring all proposed agency rules to be run by him before they go public. Since then, he's stacked agency boards and commissions with his allies. For example, six of the seven members who approved the occupational licensing change were appointed by Abbott. All nine members on the board that approved the car registration rule were also his appointees. Constitutional law professor Jim Harrington, founder of the Texas Civil Rights Project, puts it bluntly: "Apparently whoever’s in power gets to abuse that power." He sees it as a disregard for how our government is structured, a willingness to do things "the way we want to do it" just because they have the power. Governor Abbott’s spokesperson maintains that the governor will continue using "every necessary tool to deter illegal immigration and keep Texas a law-and-order state." **The Looming Threat to Public Education: *Plyler v. Doe*** All these rapid changes leave advocates worried about what’s next, especially with the Legislature still out of session for months. There's real concern that the next target could be *Plyler v. Doe*. You know, that 1982 Supreme Court ruling that said states couldn't deny undocumented children access to public K-12 education. It was a landmark decision rooted in the Equal Protection Clause of the Fourteenth Amendment, stating that denying these children an education creates a "caste of permanently disadvantaged persons" and imposes a significant social and economic burden on the state. Recently, Stephen Miller, a senior White House adviser known for his hardline immigration stances, pressed Texas GOP lawmakers on why they hadn’t passed a law to challenge *Plyler v. Doe*. But, similar to the other recent policy shifts, overturning *Plyler* might require action outside of the Capitol. One Republican official, speaking anonymously, indicated that many in the mainstream Republican caucus aren't eager to strip educational opportunities from children who were brought into the U.S. through no fault of their own. They'd rather the federal government deport the families or pay for the education. This reveals a significant internal debate within the party, but the fact that *Plyler v. Doe* is even being discussed as a target highlights the extent of this legal and policy shift. If challenged, it would ignite a monumental legal battle over fundamental constitutional rights and the role of the state in educating all children within its borders, regardless of their parents' immigration status. So, there you have it. Texas is in the middle of a major legal and policy overhaul regarding noncitizens. It's a series of moves that are bypassing the usual legislative routes, consolidating executive power, and raising serious questions about constitutional rights and public policy. These changes are causing widespread uncertainty, hitting people's ability to work, study, and even move around. It's not just about immigration; it's about how government functions, who has power, and what kind of state Texas is becoming for everyone who lives here.