OAN Staff Addie Davis
2:22 PM – Thursday, March 26, 2026
The Texas Commission of Licensing and Regulation passed new rules on Tuesday meant to ensure eligibility for professional licenses, including verifying legal immigration.
Passed without opposition by the Commission, which governs the Texas Department of Licensing and Regulation (TDLR), the rules are set to take effect on May 1st, and will be published in an upcoming edition of the Texas Register, which journals agency rulemaking in the state.
According the agenda of Tuesday’s meeting, the rules “establish procedures for verifying an applicant’s eligibility for licensure or license renewal under federal law.”
“TDLR has long been evaluating verification of license eligibility in line with federal law. With the transfer of the Texas Lottery to TDLR, the recent launch of our licensing system modernization project, and increased focus on combatting human trafficking, the department is moving forward with lawful presence verification,” Caroline Espinosa, TDLR director of strategic communications, stated. “This ensures consistent, secure practices across all programs and strengthens our ability to identify and deter fraud, labor exploitation, and human trafficking.”
The federal law referred to, encapsulated in the 1996 Personal Responsibility and Work Opportunity Reconciliation Act, states that unqualified aliens are ineligible for a professional or commercial license provided by a U.S. agency or through U.S. funds, though there are narrow exceptions, according to the Federal Register.
In the proposal document of the rules, published in the January 23rd edition of the Texas Register, it was predicted that the enforcement or administration of the rules will not have an economic impact on the state or local governments for the first five years.
“The proposed rules do not positively or adversely affect this state’s economy,” the document stated.
It provided required documentation to confirm eligibility, such as REAL ID, a U.S. passport, a handgun license and other forms of identification, including immigration-related ID or documentation confirming “lawful presence and authorization to work.”
“The proposed rules do not impose a citizenship requirement,” said TDLR lawyer Derek Burkhalter. “Individuals who are not U.S. citizens may still be eligible for licensure if they meet eligibility criteria.”
Nearly all of the 450 comments agency officials received about the proposed rules were against it, according to NBC News. The outlet reported on some of those who spoke at Tuesday’s meeting, including a beauty school instructor who voiced the distress of some of her students in the country illegally.
“Texas cannot afford to lose qualified and skilled licensees in these high-demand jobs,” said state Senator Sarah Eckhardt (D-Texas). “The impact of TDLR’s proposed rule is likely more far-reaching than what was initially assessed by the agency.”
Through a variety of sources, she estimated that it could lead to a reduction of 8%-10% in the state’s skilled workforce, per NBC. The news agency also reported that TDLR’s deputy executive director for licensing and regulatory services, Steve Bruno, said that fewer than 2% of licenses issued by the agency did not have a social security number attached to them. However, officials noted this did not mean the individuals were breaking the law, as noncitizens can live and work in the country legally.
According to the Texas Tribune, there are an estimated 1.7 million undocumented people in the Lone Star State. According to a 2019 estimation, in many counties they make up more than 10% of the population, including Dallas County and Harris County, which encompasses much of the Houston metropolitan area. However, this number is estimated to have increased in recent years.
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