Gov. Newsom Vetoes Controversial Illegal Immigrant University Hiring Bill

Governor Gavin Newsom soundly vetoed a controversial bill on Sunday that, if passed, would have allowed public universities and colleges to hire illegal immigrants, marking the second time this month that the Governor has vetoed a major piece of illegal immigrant aid expansion.

Assembly Bill 2586, authored by Assemblyman David Alvarez (D-Chula Vista), would have prohibited the University of California, California State University, or California Community Colleges from disqualifying a student from being hired for an employment position due to the student’s failure to provide proof of federal work authorization, except where that proof is required by federal law or where that proof is required as a condition of a grant that funds the particular employment position for which the student has applied.

The bill, also known as the Opportunity for All Act, would have also required the University of California (UC), the California State University (CSU), and the California Community Colleges 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. If passed, the bill would have been implemented by January 6, 2025.

“America has always promised that if you work hard, you will have the opportunity to succeed,” said Alvarez earlier this year. “These students have fulfilled their obligation and are ready to be our future teachers, scientists, doctors, and public servants. This bill will provide them with the opportunity to work. Creating these pathways to secure employment is essential.”

Throughout the year, most of the Democrats in the Assembly and Senate backed the bill, although enough Republicans and a handful of moderate Democrats created enough of a challenge for it to be worrisome. For example, in May, the bill passed the Assembly with a 59-4 with 17 abstention vote. And at the end of last month, the Senate vote was 31-8 with one abstention, with the second Assembly vote coming in at 63-7 with 9 abstaining.

Major reservations against AB 2586

Surprisingly, both the UC and CSU held major reservations over AB 2586, giving many lawmakers additional pause. As there is a federal law that halts employers from hiring illegal immigrants, both the students and universities would be put at major risk. Also at risk would be the billions in federal funding that both systems receive each year, as they would likely stop paying them because they would be violating federal law.

“I feel for our students wanting a job on campus, but them not being legal citizens is a big roadblock on several levels,” explained Rita Glover, a students jobs placement advisor at a private college in California, to the Globe earlier this month. “We will help them if they can prove that they are working on citizenship by finding them off-campus jobs. They get a green card or something to show they can work. We aren’t monsters. We genuinely want students to succeed. But when it comes to campus jobs, then yeah, we need that paperwork. This bill is just inviting lawsuits, federal issues, the blocking of funds, fines and all that. Oh, and if it passes, deportations will be a much bigger concern. They’ll have a more official role, and that can get focus on them.”

Other warning signs against the bill ultimately passing came through Newsom himself. Only a week following the final Assembly approval of AB 2586, Newsom vetoed AB 1840, which would have allowed illegal immigrants to borrow public taxpayer money for a down payment on a home purchase. While he vetoed that one mostly because it would cost the state a lot of money during a major budget crisis, it showed that he was willing to buck away from Democratic colleagues on illegal immigrant aid expansion matters.

And on Sunday, Newsom shocked many by vetoing AB 2586. In his veto message, Newsom explained that the bill, in it’s current form, had too many legal risks for university employees and undocumented immigrants because of how it would break federal law.

“I am returning Assembly Bill 2586 without my signature,” said Newsom in his veto message. “This bill prohibits California public universities from disqualifying a student from employment due to their failure to provide proof of federal employment authorization.

“California has a proud history of being at the forefront of expanding opportunities for undocumented students who seek to realize their higher education dreams. Including immigrant students in opportunities to succeed through higher education is also important for local communities and California’s economy. Since 2001, when the California DREAM Act (AB 540) was signed into law, the state has continually broadened access to financial aid opportunities and other supports for students who call California home, regardless of their immigration status.

“While I am proud of these efforts, I am unfortunately unable to sign this legislation at this time. 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. Seeking declaratory relief in court – an option available to the University of California – would provide such clarity.”

Many Democratic supporters, caught off guard by his veto, subsequently blasted the Governor for his decision.

“Governor Newsom’s veto is a profound disappointment because it denies students the opportunity to better themselves through education,” said Assemblyman Alvarez late on Sunday. “Students who are legally allowed to study at California’s public colleges and universities should also be allowed to work to pay for their education.”

Governor Newsom’s veto is a profound disappointment because it denies students the opportunity to better themselves through education. pic.twitter.com/E2VmatQunZ

— David Alvarez (@AlvarezSD) September 22, 2024

However, many who opposed the bill were thrilled at AB 2586 failing to be made into law, saying how the universities would now get to continue to receive funding and that it would help nudge more illegal immigrants to continue on paths to citizenship.

“Let’s be clear. Newsom didn’t veto the bill for altruistic reasons,” added Glover. “He didn’t want to see the state and state university employees all be suddenly raked over the fires federally for this. He wants to leave the office on a high note, not be remembered as the Governor who caused the federal government to come down on UC and CSU. Yeah, I would say the veto was largely because of optics, but remember that Newsom was thinking about this legally too. Notice Alvarez didn’t say anything to to defend his bill against that threat.

“Alvarez or another politician will need a way to have this bill work legally around those federal laws, which is extremely difficult. Plus, there are plenty of other jobs that hire illegal immigrants. The bill would have just made ICE’s job a bit easier.”

Newsom is expected to continue vetoing and signing bills into law through the end of the month.