On September 22, Governor Newsom vetoed AB2586, maintaining the current status quo that schools cannot hire students without work permits. AB2586 sought to prohibit the University of California (UC), California State University (CSU), and community colleges (CCC) from canceling employment eligibility for students who cannot provide federal work authorization cards.
Governor Newsom signed 154 bills that day, vetoing 55 proposals. Since September, he has signed over 420 new laws while vetoing more than 80 bills.
In a letter to members of the Assembly on the 22nd, Newsom stated, “California has always been at the forefront of seeking greater opportunities for undocumented students to achieve their higher education dreams. This is something to be proud of.” He continued, “Since the passage of the California DREAM Act in 2001, California has continuously expanded financial aid and other support opportunities for undocumented students, as long as they consider California their home.”
Newsom expressed pride in these efforts but cited concerns about the potential serious consequences of the bill, including state employees facing criminal and civil liability, as reasons for his veto.
According to the California Student Aid Commission, the Cal Grant it administers is the largest source of financial aid for California students, benefiting more than 75,000 students across the UC, CSU, and CCC systems under AB540.
AB2586 was introduced by Assemblyman David Alvarez and 21 other Democratic lawmakers in the 80th district. It passed in the Assembly by a vote of 31-8 (1 absent) and in the Senate by 63-7 (9 absent).
Alvarez emphasized the bill’s aim to provide undocumented students with on-campus job opportunities, enabling them to earn income while pursuing their degrees. He stressed the importance of ensuring equal access to economic support and education for all students.
The California Student Association supported the bill, highlighting California’s leadership in providing educational opportunities for students, including financial aid, loans, and scholarships for undocumented students.
However, concerns have been raised about potential repercussions, such as legal actions against undocumented students and their families, as well as criminal or civil prosecution for those knowingly violating federal laws by facilitating employment for undocumented students.
While universities support the goal of providing job opportunities for undocumented students, they are also wary of possible legal implications and risks, including financial penalties and loss of federal contracts and grants for non-compliance with the Immigration Reform and Control Act of 1986.
The University of California pointed out the challenges involved in ensuring legal protections for school staff and students under AB2586, as well as the risks of financial losses and potential legal repercussions for universities failing to comply with federal laws.
The DACA policy, implemented during the Obama administration in 2012, granted temporary reprieve and work permits to DACA students who entered the U.S. as children without immigration status. However, legal challenges have arisen since then, leading to various court battles.
In 2017, California’s attorney general and other organizations sued the Trump administration over the decision to end DACA, with the Supreme Court ruling in 2019 to uphold DACA. In January 2021, the Biden administration announced the restoration of DACA, which faced further legal challenges later that year.
Currently, the Fifth Circuit Court of Appeals is scheduled to hear oral arguments regarding DACA in October.