Texas real estate regulators say they strictly follow state and federal law, but records released under a public information request show little evidence of how — or whether — they verify applicants’ immigration status before issuing licenses.
The Texas Real Estate Commission (TREC) requires applicants to certify they are U.S. citizens or “lawfully admitted” noncitizens. However, in response to a Texas Public Information Act request, the agency produced no responsive records detailing policies, procedures, internal directives, or data on enforcement of that requirement, according to documents reviewed by The Dallas Express.
In a statement to The Dallas Express, TREC’s Communications Director said, “The Texas Real Estate Commission strictly complies with the requirements of both state and federal law. Consistent with these requirements, a person must either be a United States citizen or a lawfully admitted alien to be eligible for a Texas real estate license… The Commission’s policies protect the integrity of our licensing system, upholds state and federal law, and ensure eligible Texans can enter the real estate profession.”
However, when asked to provide policies, procedures, or data supporting that notion, the agency’s TPIA response said it had no responsive records for key portions of the request, including internal memoranda, directives, or any data tracking licenses issued to noncitizens or individuals lacking work authorization.
TREC Relies on Applicant Self-Certification for Eligibility
The application to become a license holder places the burden on applicants. The “Statement of Sales Agent Applicant” requires individuals to certify under penalty of revocation that they are legally eligible. Beyond self-certification, TREC’s records do not indicate what verification steps — if any — are taken.
The issue is further complicated by the fingerprinting process required for applicants. TREC’s website states that “Any person applying for or renewing a license with TREC must provide fingerprints for a criminal history check.” Yet the third-party vendor used for fingerprinting allows identification using out-of-state driver’s licenses or foreign passports, according to publicly available enrollment materials.
TREC did not directly answer questions about whether Social Security numbers are verified through federal systems or whether immigration status is independently confirmed beyond applicant certification.
TDLR Tightens Rules While TREC Cites Self-Certification
The lack of documented policies stands in contrast to recent moves by other Texas regulators. The Texas Department of Licensing and Regulation (TDLR) approved a rule requiring proof of lawful presence for a wide range of occupational licenses, set to take effect May 1. Officials framed that change as aligning state practices with federal law and improving fraud detection, DX reported.
State regulators said the move was tied to the federal Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, which restricts access to certain public benefits for individuals without legal immigration status unless they meet specific exceptions.
TREC’s Communications Director told DX that the agency is in compliance with PRWORA and a state statute requiring real estate license holders to be citizens or lawfully admitted aliens.
Debate Grows as TREC Lacks Data on Noncitizen Licenses
The recent regulatory shifts have sparked debate. Critics warned it could push workers into unlicensed activity and reduce the available workforce. At the same time, supporters argued it would strengthen compliance with federal law and protect jobs for legal residents, DX reported.
Moreover, other outlets have reported that illegal aliens have obtained real estate licenses in Texas. A 2016 investigation by The Texas Tribune found that at least one Deferred Action for Childhood Arrivals (DACA) recipient was working as a real estate agent for a large Dallas-area firm. DACA is a federal program that puts off deportation actions and provides work authorization for aliens who claimed they were brought to the U.S. as children.
Despite those developments, TREC told The Dallas Express it has not produced records indicating whether it has evaluated real estate licenses as a “state benefit” under that law or taken steps to align verification practices with evolving federal and state guidance.
The agency also declined to provide data on how many license holders are noncitizens or lack Social Security numbers, stating no such records were available.
The absence of documentation adds to broader concerns about the agency’s operations. A previous DX investigation found that TREC’s licensing system rollout caused widespread delays and disruptions, with some agents unable to work for months due to technical failures and administrative backlogs. In that case, TREC acknowledged system issues but maintained it was working to resolve them.
On immigration-related enforcement, however, the agency’s position appears to rely largely on statutory requirements and applicant self-certification, with limited publicly available evidence of formalized verification policies.
