California Governor Gavin Newsom vetoed a bill on Sunday that would have allowed public universities in the state to employ undocumented migrant students, halting a contentious piece of legislation introduced by members of his own party. The bill, AB 2586, aimed to prevent California’s public universities from disqualifying students from employment based on their immigration status.
In his veto message, Newsom cited potential legal ramifications as the primary reason for rejecting the legislation. He stressed the importance of seeking judicial clarity before moving forward with such a policy. “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 stated on Sunday.
Newsom’s veto urged the University of California to seek a declaratory ruling in court, which could clarify the legality of employing undocumented students. “Seeking declaratory relief in court — an option available to the University of California — would provide such clarity,” he added.
The Controversial Bill
AB 2586, introduced by Democratic Assemblymember David Alvarez in February, aimed to open employment opportunities for undocumented students at California’s public colleges and universities. Alvarez and other supporters argued that undocumented students who are legally permitted to study in the state should also have the ability to work and support themselves financially. The bill garnered 21 Democratic sponsors and passed both the state House and Senate largely along party lines, though several Republicans also voted in favor of it.
In response to Newsom’s veto, Alvarez expressed his frustration, calling it a “profound disappointment.” He defended the intent of the bill, stating, “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.” He emphasized that the students behind the bill would continue their fight, and pledged his continued support along with the Latino caucus.
Legal and Political Implications
The bill’s rejection highlights the complexities of immigration policy at the state level, particularly when it intersects with federal law. Employing undocumented students could expose California state employees and institutions to legal risks under federal immigration law. Newsom’s call for judicial clarity suggests a concern over potential lawsuits or other legal actions that could arise from implementing such a policy.
Newsom’s veto also marks a recurring theme in his recent actions, where he has rejected legislation introduced by his fellow Democrats that sought to extend additional privileges to undocumented migrants. Earlier this month, he vetoed another bill, AB 1840, which would have made undocumented migrants eligible to apply for taxpayer-funded home loans under California’s “Dream For All Shared Appreciation Loan” program. This initiative helps first-time homebuyers with down payments or closing costs by covering up to 20% of the purchase price.
In both cases, Newsom has framed his opposition as a matter of legal caution, suggesting that any significant expansion of rights or benefits for undocumented residents needs to be grounded in solid legal precedent to avoid exposing the state to potential liabilities.
Broader Debate
Newsom’s decision reflects the broader national debate over the rights and privileges of undocumented migrants, particularly as states like California, a sanctuary state, attempt to navigate the line between state policies and federal immigration law. Advocates for immigrant rights argue that undocumented students, who often have DACA (Deferred Action for Childhood Arrivals) protections, deserve more access to opportunities like employment and homeownership. However, opponents believe such policies could lead to conflicts with federal law and further strain state resources.
The issue is particularly pressing in California, home to the largest population of undocumented immigrants in the United States. While the state has implemented several measures to integrate undocumented residents into public life, including granting them access to state-funded financial aid for college, the latest vetoes suggest that Newsom is not willing to cross certain legal boundaries without more judicial clarity.
What’s Next?
With Newsom’s veto of AB 2586, the conversation around undocumented students’ rights to employment is far from over. Alvarez and his supporters, including the Latino caucus, have pledged to continue pushing for similar legislation, with hopes of eventually securing legal and political pathways that would allow undocumented students to work legally at public universities.
As California’s legislative efforts continue to address the needs of its undocumented population, the balance between progressive policies and legal realities will remain at the forefront of the debate. Governor Newsom’s cautious approach, while frustrating for some in his party, underscores the legal challenges that come with expanding rights for undocumented residents in a state still bound by federal immigration laws.