A controversial proposal to create a Texas-run guest worker program for Mexican laborers failed to pass the Texas House, after sharp criticism from conservative lawmakers and near-unanimous Republican opposition.

House Bill 2858, by Democrat State Rep. Ray Lopez of San Antonio, would have directed the governor to seek federal approval to implement a guest worker program through a memorandum of understanding with a Mexican state. The program was intended to address labor shortages by allowing businesses to hire legal foreign workers through U.S. nonimmigrant visas, according to the bill analysis and language.

The bill’s defeat comes as multiple Republican-priority immigration enforcement bills—including those mandating E-Verify and ending in-state tuition for illegal aliens—remain stalled in the House, raising questions from conservatives about leadership’s commitment to addressing illegal immigration.

During debate, State Rep. Mike Olcott (R–Aledo) questioned Lopez about the wisdom of creating the program while the state faces an ongoing border crisis. 

“We’ve had over five million illegal border crossings into our state, not including got-aways. Why are we trying to pass a program that would bring even more immigration into our state, especially considering the H-2 agricultural visas are uncapped?” asked Olcott.

Lopez responded that the proposal came at the request of business and labor organizations.

“This is not an illegal crossing bill. This is about bringing a legal process by which the governor’s office would work with the Texas Workforce Commission to establish a positive immigration program that would allow us to fill jobs that the Texas Workforce Commission has identified as having a shortage of workers.”

Olcott warned the influx of foreign labor could hurt vulnerable Texans. 

“The presence of all these additional illegal aliens is going to suppress wages and hurt the working wages of some of the most vulnerable people,” Olcott said.

Lopez acknowledged that concern, saying, “That was one of the major concerns that I had with it, but the assurance that I’ve gotten is that this program would only target positions identified by the Texas Workforce Commission as having worker shortages. We would only recruit those individuals to fill those jobs, which I believe balances the labor force and keeps our economy going.”

Despite Lopez’s defense, the bill failed on the floor. 

Only nine Republicans broke with their party to vote for the bill: Drew Darby, Charlie Geren, Ryan Guillen, Stan Lambert, Janie Lopez, John Lujan, Ken King, Candy Noble, and Denise Villalobos. The rest of the Republican caucus overwhelmingly voted against it.

The proposal had drawn comparisons to a similar plan floated by President George W. Bush in 2004, which drew sharp criticism from conservatives who argued it would incentivize more illegal immigration and depress wages.

Brandon Waltens

Brandon serves as the Senior Editor for Texas Scorecard. After managing successful campaigns for top conservative legislators and serving as a Chief of Staff in the Texas Capitol, Brandon moved outside the dome in order to shine a spotlight on conservative victories and establishment corruption in Austin. @bwaltens

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