Gavin Newsom Vetoes First-in-the-Nation Move to Employ Undocumented Students

SACRAMENTO, California — California’s public universities will not be providing campus jobs to undocumented students after Governor Gavin Newsom vetoed legislation intended to establish such an initiative.

The recent veto represents a setback for immigrant rights advocates who have faced multiple disappointments this year. Newsom’s decision sidesteps both legal and political challenges that could have stemmed from the proposed law.

In his veto message, Governor Newsom emphasized that it is crucial for immigrant students to have access to higher education, outlining that this access supports local communities and bolsters California’s economy. However, he raised serious concerns over potential legal risks associated with the bill.

“Given the gravity of the potential consequences of this bill, which include possible criminal and civil liability for state employees, it is critical that the courts address the legality of such a policy and the novel legal theory behind this legislation before proceeding,” Newsom stated.

Despite previously advocating for the rights of undocumented residents in California, including extending health insurance to all eligible undocumented individuals, Newsom has recently vetoed two related proposals in quick succession. One of these proposals sought to make state-supported home loans accessible to undocumented Californians.

This decision implies that thousands of undocumented students will continue to navigate precarious job situations, often resorting to off-the-books work, competing for limited paid fellowships, or forgoing income while pursuing their studies. Although undocumented students in California qualify for financial aid, many have been unable to secure on-campus employment since a federal judge halted applications for the Deferred Action for Childhood Arrivals program in 2021.

Assemblymember David Alvarez, a Democrat and the bill’s author, expressed disappointment, stating, “The federal government has failed Dreamers and failed on immigration reform,” after the state lawmakers initially passed the legislation.

Last year, progressive legal scholars and student activists explored ways to lift employment restrictions within the University of California system, which includes esteemed campuses like UC Berkeley and UCLA. They argued that a federal law prohibiting the employment of undocumented individuals does not apply to public universities.

University leaders, however, remained skeptical of this untested legal argument and opted against implementing changes, at least until after the upcoming election. They cited potential legal risks for both employers and students, while also revealing that the Biden administration had privately advised against moving forward with such policies, considering the administration’s vulnerability over border issues during its reelection campaign.

Following this, Democratic lawmakers attempted to override the veto by introducing new legislation that aimed to obligate the University of California, California State University, and California Community Colleges to offer jobs to undocumented students. However, concerns were raised regarding whether Assembly Bill 2586 would indeed apply to the UC system, which maintains constitutional autonomy from the state legislature.

Additionally, UC leadership had contemplated seeking declaratory relief to clarify whether these institutions could hire undocumented students. This option, however, faced criticism from activists, who feared it could hinder the prospects of student employment. Nonetheless, Newsom mentioned this option in his veto message as a means of gaining clarity around the legal ambiguities surrounding the issue.

“Seeking declaratory relief in court — an option available to the University of California — would provide such clarity,” he stated, reinforcing the need for judicial guidance.

Although university leaders did not formally contest the legislation, their lobbying representatives cautioned state legislators about the potential risks, including exposing their systems to lawsuits and the possibility of criminal prosecution for those hiring undocumented students.

In a letter to the state Senate Appropriations Committee, UC Legislative Director Mario Guerrero highlighted that “Unfortunately, AB 2586 does not protect our undocumented students or employees from prosecution, nor does it protect the University from the risk of potentially losing billions in federal dollars.” He encouraged collaboration with the author of the bill and the legislature to explore other legal avenues to support these students.