The Texas Licensing and Regulatory Commission recently approved new regulations aimed at verifying eligibility for professional licenses, which will include legal immigration checks. This decision was made unanimously by the board overseeing the Texas Department of Licensing and Regulation (TDLR) and is set to take effect on May 1.
The new rules, outlined in the agenda for the meeting, will establish protocols for determining if applicants meet the federal requirements for obtaining or renewing licenses. Caroline Espinosa, the TDLR Strategic Communications Director, emphasized that the department has historically adhered to federal laws regarding license eligibility. With recent developments, like the integration of the Texas Lottery into TDLR and increased efforts to combat human trafficking, the shift towards ensuring lawful presence verification is seen as essential. This move aims to enhance safety practices and improve efforts against fraud and exploitation.
The federal law referred to in the new regulations, part of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, generally prohibits ineligible non-citizens from obtaining professional licenses funded by the government, with a few exceptions. According to a proposed rule document from January, implementing this regulation is not expected to economically impact state or local governments for the initial five years.
To verify eligibility, certain documents will be required, including a REAL ID, U.S. passport, and other forms of identification confirming lawful residence and work authorization. Interestingly, TDLR attorney Derek Burkhalter noted that citizenship is not a strict requirement; non-citizens who meet eligibility criteria may still receive a license.
Despite the intended goals, feedback on the proposed regulations has been largely negative, with most of the 450 public comments received being critical. Concerns were raised during the meeting by individuals such as a cosmetology instructor, highlighting the struggles of students who are undocumented.
State Senator Sarah Eckhardt expressed her apprehensions about the potential consequences of TDLR’s rule, arguing that Texas could lose skilled workers in essential roles. She estimates that the regulation could shrink the state’s skilled workforce by 8% to 10%. TDLR’s deputy executive director for licensing, Steve Bruno, stated that less than 2% of licenses issued lack an associated Social Security number, but this doesn’t necessarily imply illegal activity, acknowledging that non-citizens can still live and work legally in the U.S.
According to estimates, Texas has about 1.7 million undocumented immigrants, making up over 10% of the population in several counties, including Dallas and Harris, where the Houston metro area is located. This number has reportedly risen in recent years.
