As of October 1, 2008, the Texas Department of Public Safety (DPS) began asking applicants for drive licenses to provide documentary proof that they are in the United States lawfully. A new regulation that took effect on October 1, 2008, requires that,
"An applicant who is not a citizen or lawful permanent resident of the United States must present valid documentation issued by the United States Department of Justice, United States Department of State, United States Department of Homeland Security, United States Immigration and Naturalization Service, United States Bureau of Citizenship and Immigration Services, or any successor agency of the aforementioned that shows lawful temporary admission into the United States."
Prior to its effect, foreign visitors wishing to remain in the country illegally circumvented the system by acquiring legitimate identification documents - read Texas state issued IDs and driver licenses -- before their visas expired. Those Texas issued IDs allowed them to stay in the United States well beyond the validity of their visa.
The new rule requires DPS to issue driver licenses or identification cards to non-U.S. citizens only when acceptable documentation has been provided to the Department to confirm the applicant's lawful presence in the United States. DPS has implemented an electronic verification system that allows DPS to take existing information from an applicant and verify it against data on record. If the information provided to DPS is insufficient or a negative is returned, that individual must submit documentation that proved they are in the United States lawfully. This new rule is a key step in Texas' planned compliance with the U.S. Department of Homeland Security's regulations implementing Public Law 109-13 which require that a State verify that a person is "lawfully present " in the United States before a driver's license or state issued Identification card can be issued.
Texas Governor Rick Perry stated that, "Texas is a great place to live and work, and while we welcome legally documented individuals to the Lone Star State, we must ensure that this privilege is not abused by those seeking to enter our country illegally. The safety of Texans remains a paramount concern of my administration, and these new guidelines will provide additional security."In closing the loophole Texas joins most states that, since the terrorist attacks of September 11, 2001, have moved to restrict those not lawfully present from receiving a valid driver's license or identification card. Now, only six states - New Mexico, Washington, Alaska, Utah, Maryland and Hawaii - do not require applicants to show evidence of lawful presence in the country.