California Governor Gavin Newsom has vetoed a landmark bill that would have allowed undocumented students to work on public university campuses, dashing the hopes of immigrant rights activists and student advocates. The veto, issued on Sunday, blocks the proposed legislation that sought to provide employment opportunities to undocumented students across the University of California, California State University, and California Community Colleges systems.
Newsom acknowledged the importance of expanding opportunities for immigrant students but cited potential legal and political risks. He expressed concern over the possible “criminal and civil liability” that state employees and public institutions could face under federal law, which bans the employment of undocumented individuals.
“Given the gravity of the potential consequences of this bill, it is critical that the courts address the legality of such a policy and the novel legal theory behind this legislation before proceeding,” Newsom wrote in his veto message.
The bill’s failure comes as a blow to immigrant advocates, especially after a series of setbacks for Dreamers and others following the suspension of new applications for the Deferred Action for Childhood Arrivals (DACA) program in 2021. California’s undocumented students, many of whom receive financial aid, continue to face challenges in securing legal employment, often resorting to off-campus under-the-table jobs or paid fellowships.
Authored by Democratic Assemblymember David Alvarez, the bill sought to challenge federal law on the grounds that state governments, including public universities, are not bound by the employment restrictions placed on undocumented people. However, the legal theory behind this argument remains untested, and university officials expressed concerns about its viability. The University of California (UC) system, which had considered pursuing a court ruling on the matter, ultimately postponed discussions on hiring undocumented students until January 2025.
University leaders, though not outright opposed to the bill, warned that it could expose the UC and other public university systems to lawsuits, jeopardize federal funding, and place students and employees at risk of prosecution. Mario Guerrero, UC’s legislative director, emphasized the risks in a letter to the state Senate, stating, “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.”
Despite the setback, Newsom hinted that the legal clarity could still be sought in the future through judicial channels, suggesting that the University of California could seek a court ruling to determine the legality of employing undocumented students.
For now, thousands of undocumented students across California will continue to face limited employment options, as the state navigates the complex legal landscape surrounding immigration, education, and employment.
