Texas State Immigration Laws

Immigration laws are primarily enforced by federal agencies. But states have a significant say in how they enforce immigration laws. Different laws imposed by local governments may also affect the application of immigration laws. 

This article outlines immigration rules and policies in Texas. Learn more about:

• Law enforcement and immigration in Texas
• Employment checks and E-Verify requirements
• Driver’s license and ID requirements
• Public benefit restrictions
• Educational restrictions and in-state tuition
• Housing laws and immigration
• How an immigration attorney can help
• Related resources

Immigration rules continue to evolve. Anyone facing an immigration issue in Texas should speak with a local immigration attorney for up‑to‑date guidance.

Law Enforcement and Immigration in Texas

The federal government works with local law enforcement authorities to carry out immigration policies. Some government programs highlight this collaboration. Among them is the Section 287(g) program implemented by Immigration and Customs Enforcement (ICE).

The Immigration and Nationality Act (INA) integrated Section 287(g). With this program, state authorities work with federal agencies identify and remove non-U.S. citizens that pose a threat to U.S. communities. This includes noncitizens who have committed crimes.

Several county sheriff’s offices in Texas take part in this program. The ICE 287(g) Program website shows a complete list of participating counties. Scroll down until you see the button “View 287(g) Participating Agencies.”

Besides 287(g), ICE also has Criminal Apprehension Program (CAP). This program fights illegal immigration. Local law enforcement officers also help the enforcement and removal operations (ERO) identify, arrest, and remove noncitizens in jail. The immigration officials will assess the immigration status and the person’s criminal charge(s). Then the immigration officers will decide if the noncitizen will undergo deportation or removal.

Meanwhile, the federal government has agencies that work as a centralized body for matters related to immigration laws. Below are some of these government agencies:

• The Department of Homeland Security (DHS)
• U.S. Citizenship and Immigration Services (USCIS)
• U.S. Immigration and Customs Enforcement (ICE)
• U.S. Customs and Border Protection (CBP)

These federal agencies work together to enforce and manage immigration laws. They also secure U.S. borders and ensure the nation is free from threats.

Employment Checks and E-Verify Requirements

The Department of Homeland Security created a system to check the employment eligibility of immigrants. This system is E-verify. It’s an online program with information and the immigration status of individuals. The system helps employers verify all new employees. The DHS administers the program with the Social Security Administration.

Texas mandates its state agencies to use E-verify. “State agency” includes the following:

• Boards
• Commissions
• Departments
• Offices
• Institutions of higher education
• Other agencies in any branch of the Texas government

Driver’s License and ID Requirements

U.S. Citizens, lawful permanent residents, refugees, or asylees can get driver’s licenses in Texas. To apply for a driver’s license, you submit the following documents:

• Valid U.S. passport (unexpired)
• Valid foreign passport (unexpired), U.S. visa with valid I-94. The DMV may waive the visa requirements for parolees of the following jurisdictions: The Republic of the Marshall Islands, The Republic of Palau, the Federated States of Micronesia, and certain Canadian nonimmigrants.
• Immigrant visa with temporary I-551 language and ADIT stamp
• Valid Permanent Resident card (From I-551)
• Valid employment authorization document (EAD Card)

Public Benefits Restrictions

The Federal government limits access to public benefits for undocumented immigrants. But they can use those necessary for health and safety. The following are some of the benefits that undocumented immigrants can access:

• Child Care Development Fund
• Nutrition program
• Emergency Medicaid
• Prenatal care
• Emergency shelter
• Disaster relief

Note that access to public benefits may vary depending on the person’s immigration status. For more information, American University compiled a detailed chart that reflects these benefits.

Educational Restrictions and In-State Tuition

Texas legislature signed House Bill 1403 into law in 2001. The Bill was also called Texas Dream Act. The law gave undocumented immigrants access to state financial aid and in-state tuition. This benefit extends to Deferred Action for Childhood Arrivals (DACA) recipients.

Out-of-state tuition rates are generally three times higher than in-state tuition rates. But, this Texas law made higher education more affordable even for undocumented immigrants enrolled in Texas.

To be eligible for in-state tuition in Texas, the student should meet the following requirements:

• Graduated from a high school in Texas or received the equivalent diploma in Texas
• A resident of Texas for at least three years before graduating from high school
• Registered as a student in an institution for higher education in Texas
• Provided an affidavit stating that the student will apply to become a lawful permanent resident at the earliest eligibility time

Housing Ordinances and Immigration

Texas adopts the Fair Housing Act, which protects people from discriminatory housing practices. Every person has the right to housing-related activities such as the following:

• Sale
• Rental
• Financing of houses
• Home appraisal
• Insurance
• Accessibility

Rights to access fair housing are available regardless of race, national origin, religion, disability, sex, or familial status.

Immigration Issue in Texas? Get Legal Help

The immigration journey can be overwhelming and daunting. Various rules and regulations in each state affect the application of federal laws. Thankfully, legal help is available. An immigration lawyer can give you legal advice tailored to your issue.

Immigration attorneys can also help migrants and their families with any immigration-related process, including:

• Change of immigration status
• Application for family-based immigration
• Help with naturalization or U.S. citizenship application
• Acquisition of lawful permanent residency or green card
• Legal representation in immigration court
• Legal help in deportation or removal proceedings
• Other matters related to U.S. immigration laws

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in Texas. Enter your city or ZIP code—whether you’re in Austin, Houston, or anywhere else in Texas—for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

Immigration in Texas: Related Resources

There are nonprofit organizations that help immigrants in Texas:

• American Immigration Council protects needy immigrants and works toward a fair and just immigration system. It provides a coordinated approach to immigration cases. It collaborates with immigration attorneys to offer legal representation to migrants in need.
• Houston Immigration Legal Services Collaborative promotes immigrant equity, inclusion, and justice by strengthening and uniting diverse allies. They work to provide high-quality legal services at a low cost for immigrants in Houston, Texas.
• Advocates for Immigrant Survivors provides immigration legal services and social services to immigrants in the Greater Houston area. It also provides law enforcement advocacy, criminal case status updates, legal services, and outreach and education.
• Catholic Charities — Diocese of Tyler offers immigration services to underserved and low-income immigrants and their families. They also help DACA recipients, unaccompanied children, and victims of domestic violence.

This is a partial list. There are other legal resources and organizations in Texas that provide support to immigrants. For more information, visit the Immigration Advocates Network website.