Texas AG Rescinds Opinion on SSNs for Occupational Licenses
Summary
Texas Attorney General Ken Paxton has withdrawn a 2001 legal opinion that allowed occupational license applicants to not submit a Social Security Number. A new opinion requires SSNs for all applicants, aiming to prevent undocumented immigrants from obtaining licenses and protect jobs for authorized workers.
What changed
Texas Attorney General Ken Paxton has rescinded a 2001 legal opinion (JC-0409) that previously allowed occupational licensing authorities to issue licenses without requiring applicants to submit a Social Security Number. The withdrawn opinion was based on non-binding federal guidance and had permitted individuals without legal status to obtain occupational licenses, potentially undercutting wages for authorized workers. The new opinion clarifies that Texas law unambiguously requires Social Security Numbers for all occupational license applicants, thereby ensuring only authorized individuals receive licenses.
This change has immediate implications for state licensing agencies and potentially for individuals seeking occupational licenses in Texas. Agencies must now adhere to the requirement of SSN submission for all applicants. The AG's office frames this as a measure to protect Texas jobs and ensure compliance with state and federal employment laws. While this is a state-level guidance opinion and not a binding rule, state agencies are expected to follow it, and non-compliance could lead to further enforcement actions or legal challenges. The AG's strong stance suggests a heightened focus on verifying work authorization for licensed professions.
Source document (simplified)
Attorney General Ken Paxton has withdrawn a legal opinion issued by then-Attorney General John Cornyn in 2001 that relied on non-binding federal guidance from the Clinton Administration and permitted licensing authorities to circumvent common-sense Texas law requiring the submission of a social security number by applicants.
This practice created substantial risks that illegal aliens could obtain occupational licenses. To protect Texas jobs, Attorney General Ken Paxton has issued a new opinion emphasizing that Texas law unambiguously requires occupational license applicants to submit their social security numbers—ensuring that all license recipients are authorized to work in accordance with state and federal law.
“Illegal aliens who don’t belong in this country should not be rewarded for their criminal actions by receiving occupational licenses that allow them to undercut the wages of American citizens,” said Attorney General Paxton. “I have rescinded John Cornyn’s legal opinion that put Texans last by rolling out the red carpet for the invasion of our State. Illegals must be rounded up and deported instead of being given licenses to steal opportunities from Americans.”
On September 14, 2001, then-Attorney General John Cornyn issued a legal opinion claiming a Texas law requiring all license applicants to submit their social security number did not also require that those applicants even have one. The Cornyn opinion introduced flawed reasoning that ultimately threw open the floodgates for illegal aliens to obtain occupational licenses—undercutting opportunities for American workers. Attorney General Paxton has now rescinded JC-0409.
Further, Attorney General Paxton has issued a new opinion, ending state agencies’ obligation to provide occupational licenses to foreign nationals who entered America unlawfully. This new ruling builds on Governor Greg Abbott’s strong directive to the Texas Department of Public Safety to keep Texas roads safe by strictly enforcing English language proficiency requirements for commercial truck licenses.
To read the opinion, click here.
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