In a significant move that has drawn both support and criticism, California Governor Gavin Newsom has vetoed Assembly Bill 2586, legislation aimed at allowing undocumented students to work on public university campuses. Newsom’s decision, announced on Sunday, stems from concerns about the potential legal ramifications of violating federal immigration laws that prohibit the hiring of individuals without legal work authorization.
Governor’s Concerns About Legal Risks
In his veto message, Newsom reiterated his commitment to expanding higher education opportunities but highlighted the legal risks associated with the bill. He emphasized the potential for criminal and civil liability for state employees involved in hiring undocumented students.
“Given the gravity of the potential consequences of this bill, which include potential 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,” the governor stated.
Overview of Assembly Bill 2586
Assembly Bill 2586 sought to prevent public colleges within the University of California (UC) system, California State University (CSU) system, and California community colleges from disqualifying students from employment based on their lack of federal work authorization. The bill specified exceptions only in cases where federal law explicitly requires proof of work authorization, such as for federal work-study positions or positions tied to specific grants.
Currently, while international students can take non-work-study jobs on campus, students protected under the Deferred Action for Childhood Arrivals (DACA) program can secure renewable work permits for similar positions. The DACA initiative, established during the Obama administration, aims to protect individuals who were brought to the U.S. illegally as children from deportation. However, since 2017, the Department of Homeland Security has ceased processing new DACA applications, following an attempt by the Trump administration to dismantle the program, leaving many students in a state of uncertainty.
The Impact on California Students
Assemblyman David Alvarez, a Democrat from San Diego and the driving force behind AB 2586, highlighted that approximately 45,000 students in California are unable to access on-campus job opportunities due to their undocumented status.
“Students who are legally allowed to study at California’s public colleges and universities should also be allowed to work to pay for their own education,” Alvarez expressed in a statement on X (formerly Twitter), labeling Newsom’s veto as a “profound disappointment.”
UC Board of Regents’ Position
In January, the University of California Board of Regents also signaled its reluctance to move forward with a hiring plan for undocumented students lacking valid work permits. This decision was influenced by concerns that such actions could jeopardize federal grants and contracts for the university system while exposing students and their families to potential legal repercussions, including criminal prosecution and deportation.
The hiring initiative was conceived as a response to the “Opportunity for All” movement, which gained traction in 2022 at UCLA. This movement advocates a legal interpretation suggesting that the 1986 Immigration Reform and Control Act, which made it illegal to hire undocumented immigrants, does not apply to state entities like the UC system.
Legal Interpretation Controversy
In a September 2022 letter supporting the student-led movement, over two dozen legal scholars asserted that the 1986 federal law did not possess the clarity needed to bind states, as mandated by the U.S. Supreme Court. However, the UC administration did not align with this interpretation.
During a UC Board of Regents meeting, UC President Michael Drake remarked that extensive consultations with multiple law firms and legal experts led to the conclusion that the proposed legal pathway for hiring undocumented students was “not viable at this time.” He indicated that while the UC system considered seeking declaratory relief—a process to obtain a binding federal court opinion—the ultimate decision remained to pursue legal clarity before taking any further steps.
“Seeking declaratory relief in court — an option available to the University of California — would provide such clarity,” Newsom noted in his veto message.
Broader Implications: A Pattern of Vetoes
Governor Newsom’s decision to veto Assembly Bill 2586 marks the second instance this month in which he has rejected legislation aimed at extending benefits to undocumented immigrants. Earlier in September, he also vetoed a bill designed to make undocumented immigrants who pay taxes eligible for state-funded home purchase assistance programs, such as the Dream for All program, which provides financial support covering up to 20% of a home’s purchase price, with a maximum of $150,000 for down payments or closing costs.
This pattern reflects a cautious approach by the governor in navigating the complexities of immigration policy in California, a state with a significant population of undocumented residents. While Newsom’s administration has sought to champion immigrant rights and expand access to education and housing, his recent vetoes suggest a careful balancing act between state-level initiatives and federal legal constraints.
Conclusion
Governor Gavin Newsom’s veto of Assembly Bill 2586 underscores the legal and political challenges surrounding immigration policy in California. While advocates argue for the rights of undocumented students to work in public universities, the governor’s concerns about potential legal repercussions illustrate the complexities involved in navigating federal immigration laws. As California continues to grapple with these issues, the future of undocumented students’ access to employment opportunities in higher education remains uncertain, highlighting the need for ongoing dialogue and legal clarification in this contentious area.
Related topics:
