Banning taxpayer-funded day labor sites and stripping undocumented college students of their access to in-state tuition are among proposals in the Texas Legislature that seek to limit the effects of illegal immigration.
But even as they are filing, Republican lawmakers, who have a majority in the House and Senate, said they are mindful that attempting to supersede federal law could bring about lawsuits and alienate Hispanic voters—while having no real impact in the Lone Star State.
State's authority
So far, the bills that have been filed are largely limited to things the state can do, instead of bills that send strong anti-illegal immigration messages but cannot be enforced by the state, such as stripping birthright citizenship for children born in the U.S. to undocumented parents, a bill that failed last session.
"It's a different conversation for Republicans to have, and it's a new conversation to have," said Rep. Larry Gonzales, R-District 52.
A bill banning so-called sanctuary cities that was a priority for Republican leaders last session had not yet been filed as of the first week of session.
The bill would have stripped funding from cities that appear to flout immigration laws—such as forbidding local police from asking for proof of citizenship. But its author now says she has other priorities with regard to immigration.
"Border security and public security as a whole is my No. 1 priority," said Rep. Debbie Riddle, R-District 150, adding that a ban on sanctuary cities is hard to enforce because those cities don't typically put such policies in writing. "The bottom line is, making sure that the safety and security of the people of Texas is well established must be our No. 1 priority. If we don't do that, well, there isn't much of a No. 2 priority."
Another bill that could be filed is a requirement that all businesses use the federally recognized E-Verify system to make sure their employees are in the nation legally. The bill was filed last session by Rep. Paul Workman, R-District 47, but died in committee.
Robert Biles, political science professor at Sam Houston State University, said there are obstacles to anti-immigration bills passing, such as the state's growing Hispanic population. Biles said the state's conservatives have not been particularly anti-immigration in the past, but the influence of the Tea Party and more extreme leaders could force the passage of anti-immigration legislation outlawing taxpayer-funded day labor sites and in-state tuition for undocumented college students.
"You've got such a strong conservative and anti-immigration population in the Legislature that you'd think any [anti-immigration bills] have a possibility of passing," he said. "Usually these kind of bills wind up being dangerous to not only illegals, but also legal Mexican Americans in the state."
Texas has become a major corridor of entry for undocumented immigrants, Biles said, but many of them contribute to the state's economy, including children who grow up and are educated in the state.
"We're just shooting ourselves in the foot by saying we don't want these kids to have an education," he said.
Additional reporting by Matt Stephens