Paxton rescinds Cornyn’s 2001 opinion to require social security numbers for Texas licenses
AUSTIN, Texas - Texas officials have rescinded a nearly 25-year-old legal opinion that allowed occupational licensing applicants to bypass submitting a Social Security number, reinstating an interpretation of Texas law aimed at preventing people without legal work authorization from obtaining professional licenses.
Paxton rescinds 2001 loophole
The backstory:
Attorney General Ken Paxton announced on Tuesday that he withdrew a legal opinion issued by then-Attorney General, John Cornyn in 2001.
The 2001 legal opinion relied on non-binding federal guidance from the Clinton Administration and allowed licensing authorities to circumvent the Texas law that requires the submission of a social security number by applicants. This is due to the lack of specific federal requirements regarding the possession of a social security number. Federal requirements state that social security numbers are to be submitted, if available, but do not require individuals to possess them.
Stock image of social security cards. via Getty Images
Impact on foreign nationals
What we know:
The Attorney General's Office states that the practice created substantial risks by allowing illegal immigrants to obtain occupational licenses.
Paxton has issued a new opinion, ending state agencies’ obligation to provide occupational licenses to foreign nationals who entered America unlawfully. The new opinion "unambiguously" requires that occupational licensing authorities are to request a social security number, and each applicant is to provide their social security number. Agencies now cannot solicit or accept attestations that an applicant does not have a social security number.
In this photo illustration, a Social Security card sits alongside checks from the U.S. Treasury on October 14, 2021 in Washington, DC. If Congress doesnt fix it, Social Security benefits will automatically be cut by 17% in 11 years. (Photo illustrati
What they're saying:
In what the state says is an effort to "protect Texas jobs", Attorney General Ken Paxton's new opinion is intended to ensure all license recipients are authorized to work in accordance with state and federal law.
"On September 14, 2001, then-Attorney General John Cornyn issued a legal opinion claiming a Texas law requiring all license applicants to submit their social security number did not also require that those applicants even have one. The Cornyn opinion introduced flawed reasoning that ultimately threw open the floodgates for illegal aliens to obtain occupational licenses, undercutting opportunities for American workers. Attorney General Paxton has now rescinded JC-0409."
Governor Abbott’s Nov. 2025 directive
Local perspective:
Paxton states how this new rule builds on a Nov. 2025 directive from Texas Governor Greg Abbott to the Texas Department of Public Safety, that strictly enforced the English language proficiency requirements of the Federal Motor Carrier Safety Administration regulations.
At the governor's direction, DPS’ Commercial Vehicle Enforcement Troopers and inspectors are to conduct English Language Proficiency reviews for all commercial license operators on Texas roadways. These evaluations are said to be a critical measure to ensure drivers possess the necessary communication skills for roadway safety and compliance with federal regulations.
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Abbott enforcing English language requirements for all commercial drivers in Texas
DPS has also been ordered to stop issuing new intrastate commercial licenses to drivers who cannot communicate in English.
2026 Republican Senate Primary
Big picture view:
The move also comes as Paxton is positioning himself against U.S. Sen. John Cornyn in the 2026 Republican primary, setting up a rare Republican clash between two of the state’s most prominent Republicans. Paxton responded to the withdrawal of his 2001 legal opinion on social media, referring to the announcement as "More morally-bankrupt abuse of the office and the public trust."
Cornyn continued to comment on Ken Paxton’s decision by reposting the Chairman of the Texas Young Republican Federation, Derrick Wilson, who seemingly criticized Paxton’s motivation for the move.
"Super curious that Ken has been AG for 11 years and didn’t have a problem with this opinion until it was politically expedient to use it as a campaign weapon," Wilson said in a social media post on Tuesday.
The Source: Information in this article was provided by the Texas Attorney General's Office. Additional information was provided from the social media pages of John Cornyn.