In a significant regulatory shift, the Texas Commission of Licensing and Regulation has mandated that individuals seeking professional licenses—including electricians, cosmetologists, and dog breeders—must prove their legal presence in the United States. This new rule, adopted unanimously during a recent meeting, is set to take effect on May 1 and is expected to impact thousands of workers across various industries.
The decision follows extensive public testimony, with many speakers expressing concerns that the rule could hinder Texas’s economy and drive undocumented workers into unregulated job markets. Critics argue that the rule could undermine the very oversight the licensing system is designed to provide, pushing individuals to work without licenses and thereby compromising safety standards in essential services.
Caroline M. Espinosa, a spokesperson for the Texas Department of Licensing and Regulation (TDLR), stated, “TDLR has long been evaluating verification of license eligibility in line with federal law.” She emphasized that the move aims to enhance security and prevent fraud and labor exploitation, tying the rule change to broader efforts to combat human trafficking.
Despite the agency’s intention to align with federal statutes, TDLR officials clarified that not all noncitizens would be excluded from obtaining licenses. Under a federal law dating back over 30 years, individuals meeting specific criteria—such as those granted asylum or recognized as victims of human trafficking—can still qualify for licensure, provided they submit the necessary documentation.
The rule is rooted in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which restricts certain benefits, including professional licenses, to individuals unlawfully present in the U.S. TDLR officials have indicated that documentation requirements will be made clear on their website, ensuring prospective licensees know what is needed to apply.
This regulatory change aligns Texas with a larger trend among state agencies tightening immigration controls. Since the return of former President Trump to the White House, several state departments, including the Texas Department of Public Safety and the Texas Department of Motor Vehicles, have implemented measures that impact noncitizens, further complicating their ability to obtain necessary permits and licenses.
While the TDLR has issued over 1 million licenses in the past fiscal year, the exact number of undocumented workers affected by this new requirement remains uncertain. Texas is estimated to have around 1.7 million undocumented individuals engaged in various sectors, including construction and hospitality.
The rule has raised alarm among industry leaders and educators. For example, Rocio Gomez, an eyelash extension specialist and beauty school instructor, shared the emotional toll the proposal has taken on her students, many of whom fear for their futures if they lose their ability to work legally.
Concerned voices from various sectors highlighted the rigorous training and qualifications already required for many licenses. For instance, obtaining a cosmetology license demands over a year of education, covering essential topics like hygiene and chemical safety. Critics fear that pushing undocumented workers underground could lead to a rise in unlicensed services, ultimately jeopardizing public safety.
Supporters of the rule, including Texas Governor Greg Abbott, argue that it protects jobs for legal residents and upholds the integrity of the licensing system. Andrew Mahaleris, a spokesperson for Abbott, stated, “Texas will not reward illegal immigration by issuing professional licenses to those here unlawfully.”
Opposition to the rule has also emerged from within the political sphere. Democratic state Senator Sarah Eckhardt expressed concern that the changes could reduce the skilled workforce in Texas by 8 to 10%, which could have detrimental effects on high-demand jobs.
As the TDLR prepares to implement the rule, the commission has called for regular updates to monitor its impact. Chair Rick Figueroa acknowledged the complexity of navigating this new regulatory landscape, stating, “We’re building a plane and flying it a little bit.”
The coming months will be crucial in determining how these changes affect Texas’s workforce and economy, as well as the lives of countless individuals navigating the complexities of immigration and professional licensing.
Ayden Runnels contributed to this report.
