BUZZ
Newsom says legislation could land state in legal trouble
Campus jobs will remain closed to illegal immigrant students in California after Gov. Gavin Newsom vetoed a bill Sunday that would have reversed the situation.
In his veto message, the Democrat governor expressed concerns that the legislation would violate federal law and land the state in trouble with the Trump administration, the Daily Bruin, UCLA’s student newspaper, reports.
“California remains committed to economic opportunity and tuition affordability for all students, including leading efforts to support undocumented students,” Newsom stated.
“But given the gravity of this bill’s consequences – including potential criminal and civil liability for state employees – the federal courts must resolve the legality of the novel legal theory behind this legislation before we proceed,” he stated.
The legislation prohibits public colleges and universities in California from “disqualifying a student from being hired for an employment position due to the student’s failure to provide proof of federal work authorization,” according to the bill summary.
Additionally, it would require institutions to “treat a specified prohibition in federal law on hiring undocumented noncitizens as inapplicable because that provision does not apply to any branch of state government.”
This language is based on a legal theory by scholars at the UCLA Center for Immigration Law and Policy. Hiroshi Motomura and Ahilan Arulanantham argue the 1986 federal law does not specifically designate government entities as “employers,” The College Fix previously reported.
More recently, according to Cal Matters, “An analyst at the state Senate’s judiciary committee also noted that Congress may be unable to dictate whom states can hire, because that undermines protections for states’ rights.”
However, the theory has not been tested, and it’s uncertain how the courts would rule if the California legislature overrides Newsom’s veto and the bill becomes law.
In his veto message Sunday, the governor also harshly criticized the Trump administration, which is suing California for offering in-state tuition and scholarships to illegal immigrants while not offering those same benefits to out-of-state citizens.
Newsom characterized the administration’s actions as “attacking California’s public higher education institutions and terrorizing immigrant communities, including students, with reckless disregard for its consequences and a desire for chaos.”
Supporters of the bill included the California State and University of California student associations, as well as faculty and student groups representing public community colleges, the LA Times reports:
Between 2,000 and 4,000 undocumented students attend UC, which enrolls nearly 301,000 students. About 9,500 attend Cal State, out of 471,000. Roughly 70,000 undocumented students attend community colleges.
Advocates for AB 713, dubbed Opportunity for All, gathered Sept. 4 at the UCLA Labor Center’s James Lawson Jr. Worker Justice Center near MacArthur Park to push for its passage. Speakers included Assemblymember José Luis Solache Jr. (D-Lynwood), who wrote the bill.
“The safest place for our undocumented students to be at work is on campus,” Solache said.
Candice Phan, president of the UC Student Assn. and a UC Davis student, said the ban reaches far beyond what is typically viewed as work.
Phan said it blocks students from paid internships, research and teaching assistant jobs and student government posts that include stipends — positions she called “vital to advancing their future careers.”
The governor also vetoed a similar bill in 2024 due to legal liability concerns.
MORE: Illegal alien students demand U. California system hire them for campus jobs
