Governor Gavin Newsom vetoes a bill allowing undocumented students to work on California college campuses, citing legal risks and federal law concerns.
At a Glance
- Newsom vetoed a bill that would have allowed hiring of an estimated 55,000 undocumented students at California public colleges and universities.
- The governor cited legal risks and potential violations of federal law as reasons for his veto.
- University of California and California State University systems expressed concerns about conflicts with federal law and jeopardizing federal funding.
- The veto follows another recent decision by Newsom to block state-backed home loans for undocumented immigrants.
- Enrollment of undocumented, low-income students at UC and CSU campuses has dropped by about 50% since 2016-17.
Newsom’s Veto and Its Implications
Governor Gavin Newsom has taken a decisive stand by vetoing a bill that would have allowed California’s public universities to hire undocumented students. This controversial decision impacts an estimated 55,000 undocumented students who currently lack work permits. Newsom’s veto message highlighted the potential legal consequences, including criminal and civil liability for state employees, as a primary concern.
The governor’s decision aligns with concerns expressed by the University of California (UC) and California State University (CSU) systems. Both institutions had voiced apprehensions about the bill’s potential to conflict with federal law and risk crucial federal funding. This cautious approach demonstrates a commitment to protecting the state’s educational institutions from potential legal battles and financial repercussions.
BREAKING: Gov. Gavin Newsom vetoes AB 2586, the bill that would have allowed undocumented students at the state's public colleges and universities to work on their campuses. The bill was based on a legal theory proposed by UCLA law professors and backed by leading legal scholars.
— Mikhail Zinshteyn (he/him) (@mzinshteyn) September 22, 2024
Legal and Political Considerations
Newsom’s veto comes at a politically sensitive time, with the 2024 presidential election on the horizon. The decision reflects a careful balancing act between supporting undocumented students and adhering to federal laws. It follows a similar recent veto of a bill that would have allowed undocumented immigrants to apply for interest-free home loans, indicating a consistent approach to immigration-related legislation.
“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,” Newsom said in his veto message
The governor’s stance emphasizes the need for legal clarity before implementing such far-reaching policies. This prudent approach ensures that California’s actions remain within the bounds of federal law, protecting both the state and its employees from potential legal ramifications.
Almost like Gavin Newsom wants a future in national politics! https://t.co/iSCAyEAoQg
— Tiana Lowe Doescher (@TianaTheFirst) September 22, 2024
Impact on Undocumented Students
The veto comes amid a concerning trend in California’s higher education landscape. Enrollment of undocumented, low-income students at UC and CSU campuses has plummeted by approximately 50% since the 2016-17 academic year. This decline is largely attributed to challenges with the Deferred Action for Childhood Arrivals (DACA) program, which has faced ongoing legal battles and policy changes.
“The study’s authors connect this downward trend to a national issue—what they call the “slow strangulation” of the Deferred Action for Childhood Arrivals (DACA) program, which protects people from deportation and authorizes them to work in the country legally if they were brought to the U.S. as children without authorization” – Inside Higher Ed
Despite this setback, it’s important to note that California still offers more support to undocumented students than many other states, including in-state tuition and state aid. The UC and CSU systems have pledged to continue supporting undocumented students through other means, such as legal aid and fellowships, demonstrating a commitment to these students’ education and well-being within the confines of current law.
Looking Ahead
While the veto has disappointed advocates for undocumented students, it has not ended the debate. Supporters of the bill, including its author Assemblymember David Alvarez, plan to revisit the issue in the next legislative session. This persistence underscores the ongoing tension between state-level initiatives and federal immigration policies.
As California continues to navigate these complex issues, the focus remains on finding legal and effective ways to support undocumented students while maintaining compliance with federal laws. Governor Newsom’s decision, while controversial, reflects a cautious approach to a complex issue that will likely remain at the forefront of California’s political and educational landscape for years to come.
Sources:
- Undocumented Student Enrollments Have Plummeted in UC and CSU Systems
- Newsom vetoes 2nd bill to help undocumented immigrants, this one about hiring UC, CSU students
- Newsom vetoes bill that would allow undocumented students to hold campus jobs
- Gavin Newsom vetoes a first-in-the-nation attempt to employ undocumented students
- Undocumented Student Enrollments Have Plummeted in UC and CSU Systems
- Petitioning for the Right to Work
