Relating to the recognition of certain employment authorizations granted by federal executive action.
Impact
The passage of HB 4076 would have significant implications for labor law in Texas. By specifying that employment authorizations granted federally through executive orders are unenforceable in the state, the bill can potentially restrict the employment opportunities for numerous foreign nationals. As a result, employers in Texas would be prohibited from hiring individuals who possess these specific authorizations but are otherwise not considered lawfully present in the U.S. This restriction may lead to labor shortages in certain sectors that rely on immigrant workers.
Summary
House Bill 4076 aims to clarify the validity of employment authorizations for foreign nationals that are granted through federal executive actions, such as deferred action programs. The bill delineates that any employment authorization issued under these circumstances would not be recognized in Texas if it exceeds the authority of the federal executive branch as defined by the U.S. Constitution and lacks the ratification of the legislative branch. This creates a legal framework within Texas which invalidates certain federal employment authorizations and emphasizes the limits of federal power as perceived by the state.
Contention
Considerable debate surrounds HB 4076, particularly regarding state versus federal authority and the implications for immigrant rights. Proponents of the bill argue that it protects the integrity of Texas law and asserts state sovereignty against overreaching federal actions. However, opponents raise concerns that the bill may harm vulnerable populations by making it more difficult for them to secure employment and support their families. The contentions reflect broader national dialogues regarding immigration policy, executive authority, and state rights.
Relating to requiring state contractors, political subdivisions of this state, and private employers to participate in the federal electronic verification of employment authorization program, or E-verify.
Relating to the disclosure of certain gifts, grants, contracts, and financial interests received from a foreign source by certain state agencies, public institutions of higher education, and state contractors, and to the approval and monitoring of employment-related foreign travel and activities by certain public institution of higher education employees; providing civil and administrative penalties.