Undocumented students in California will remain ineligible to work on public university campuses after Governor Gavin Newsom vetoed a bill that would have changed that scenario. The legislation, the first of its kind in the U.S., sought to provide campus job opportunities to students who were brought to the country as children and lack work authorization.
Newsom's decision, announced on Sunday, is a significant blow to immigrant rights advocates who had rallied behind the measure. In his veto message, the governor pointed to potential legal risks, including civil and criminal liabilities for state employees. "Given the gravity of the potential consequences of this bill... it is critical that the courts address the legality of such a policy before proceeding," he wrote.
Progressive legal scholars identified an alleged loophole in a federal ban on employing undocumented people, saying such does not apply to state-run institutions, like public universities. However, university leaders and state officials pushed back, warning of the legal uncertainties and potential risks involved.
The Biden administration also reportedly pressured university leaders to refrain from advancing the policy in private, especially during an election year where immigration is a contentious issue. According to POLITICO, federal officials expressed concerns that the proposal could fuel criticism of the president's handling of immigration and hurt his reelection campaign. This quiet pressure contributed to the University of California system's decision to delay any formal discussion on hiring undocumented students until 2025.
Jeffry Umaña Muñoz, a Cal State L.A. graduate interviewed by Los Angeles Times, released a statement on behalf of all California undocumented students saying, "we are ashamed and appalled that the Governor Newsom has decided to cave to the anti-immigrant vitriol of Trump and the Republicans and deny us the equitable opportunities we deserve." Muñoz said students would continue to fight for the opportunity to work.
Students without DACA protections now outnumber those with it. Out of the estimated 86,800 undocumented students in California, only 37% are recipients of DACA or are eligible for it, according to the Higher Ed Immigration Portal. Every year, approximately 14,000 more undocumented students graduate from California high schools, further straining the system.
A recent UCLA study found that the number of newly enrolled low-income undocumented students at UC and CSU campuses dropped by half between the 2015-16 and 2022-23 academic years. The report attributes this decline to the increasing difficulty of obtaining DACA status.
The veto means tens of thousands of undocumented students at California's public universities will continue to face limited employment options. Though many receive financial aid, the closure of new DACA applications in 2021 has further restricted their ability to work on campus.
Newsom, who has previously backed expanding services for undocumented residents, such as state healthcare access, has now vetoed two immigration-related bills in quick succession. His decision comes as immigration policy becomes a heated topic on the national stage, and as democratic candidates, including Vice President Kamala Harris, take a more conservative stance towards the issue.
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