Brief: Services for Immigrants
March 1, 2019
A Catholic perspective:
The Texas Catholic Conference of Bishops opposes efforts to reduce immigrants’ access to I.D. cards, driver licenses, birth certificates, education, and healthcare. A long-standing principle in the Judeo-Christian tradition requires that foreigners be treated justly: “When a foreigner resides among you in your land, do not mistreat them. The foreigner residing among you must be treated as your native-born. Love them as yourself, for you were foreigners in Egypt.”[1] Catholic teaching maintains that, among other acts of charity, our salvation depends upon welcoming people foreign to us.[2] The Catholic Church applies Scriptural teaching to our modern day:
The more prosperous nations are obliged, to the extent they are able, to welcome the foreigner in search of the security and the means of livelihood which he cannot find in his country of origin. Public authorities should see to it that the natural right is respected that places a guest under the protection of those who receive him. Political authorities, for the sake of the common good for which they are responsible, may make the exercise of the right to immigrate subject to various juridical conditions, especially with regard to the immigrants’ duties toward their country of adoption. Immigrants are obliged to respect with gratitude the material and spiritual heritage of the country that receives them, to obey its laws, and to assist in carrying civic burdens.[3]
[1] Lev. 19:33-34.
[2] Mt. 25:35-46.
[3] Catechism of the Catholic Church #2241
[4] “The States enjoy no power with respect to the classification of aliens.” See U.S. Supreme Court, Plyler v. Doe page 457 U.S. 225, cf. footnote 23. For an introduction to the 5 clauses in the U.S. Constitution which enumerate the federal government’s power to regulate immigration, see Alienikoff et. al, Immigration and Citizenship: Process and Policy. 7th Ed. 188-191. Integration is addressed in this policy paper whereas enforcement is addressed by the TCCB elsewhere. (See Immigration Law Enforcement)
When a foreigner resides among you, do
not mistreat them. Love them as yourself,
for you were foreigners in Egypt.
-Leviticus 19:33-34
Texas law and policy:
While national laws define who and how many foreign-born persons can enter the U.S., Texas laws affect immigrants after their arrival, both through law enforcement and by integrating immigrants into Texas’ social, political, and economic life.[4] Laws pertaining to legal documents, education, and healthcare affect the success of integration.
Legal documents: Texas law requires applicants for a state I.D. or driver license to show proof of U.S. citizenship or lawful residence.[5] Applicants seeking a birth certificate for their immediate family members may acquire the certificate by submitting several types of documents which verify their identity.[6]
Education: The Texas Legislature revised the education code in 1975 to withhold state funds from school districts for the education of children who were not legally admitted into the U.S. and authorized school districts to deny enrollment to these children.[7] The U.S. Supreme Court struck down this law in Plyler v. Doe, holding it violated the Equal Protection Clause of the Fourteenth Amendment.[8] Moreover, regarding higher education, Texas law allows undocumented Texas high school graduates to enroll in public universities at the in-state tuition rate.[9]
Healthcare: Table 1 summarizes immigrants’ access to health services and insurance.[10]
Bill summaries:
- HB 413 ends in-state college tuition rates for undocumented students who graduate from Texas high schools. The TCCB opposes this bill which reduces access to education for immigrants.
- HB 265 requires that an inquiry into an individual's lawful status during a traffic stop is recorded. The TCCB supports this bill which would provide data showing whether such inquiries are targeted or indiscriminate.
[4] “The States enjoy no power with respect to the classification of aliens.” See U.S. Supreme Court, Plyler v. Doe page 457 U.S. 225, cf. footnote 23. For an introduction to the 5 clauses in the U.S. Constitution which enumerate the federal government’s power to regulate immigration, see Alienikoff et. al, Immigration and Citizenship: Process and Policy. 7th Ed. 188-191. Integration is addressed in this policy paper whereas enforcement is addressed by the TCCB elsewhere. (See Immigration Law Enforcement)
[5] Texas Transportation Code § 521.101(d-1)(1); § 521.142(a); § 521.1425(c). The process of verifying legal status is usually instantaneous but can take up to thirty days. See: Texas Department of Public Safety, Verifying Lawful Presence.)
[6] Texas Department of State Health Services, Birth Certificate ID Requirements in Texas. 2016. A recent settlement in federal court ended in an agreement upon an updated list of acceptable documents. See: U.S. District Court for the Western District of Texas, Perales Serna et al v. Texas DSHS, Vital Statistics Unit et al. Settlement Agreement. July 20, 2016; cf. 25 TAC Ch. 181.28.
[7] Texas State Law Library, 1975 Supplement to West’s Texas Statutes 1974. Sec. 21.031, page 41.
[8] U.S. Supreme Court, Plyler v. Doe, 457 U.S. 202 (1982). In addition to this reversal, Texas now maintains a Migrant Education Program, which enrolls about 31,000 students whose parents work in the fishing and agriculture industries and frequently travel for work. See: Texas Education Agency, Title I, Part C - Education of Migratory Children.
[9] Texas Education Code § 54.052.
[10] Anne Dunkelberg, Immigrant's Access to Health Care in Texas: An Updated Landscape. Oct. 2016.