California’s new bill, if signed by Governor Gavin Newsom, will allow undocumented students to be employed by the state’s colleges and universities.
At a Glance
- Two state bills propose hiring undocumented students at public colleges and universities.
- The bills challenge current federal employment laws based on a legal theory.
- If passed, the bills could benefit approximately 83,000 undocumented students in California.
- The bills face legal and financial challenges, including potential federal prosecution.
California’s Legislative Proposal
Gavin Newsom is currently reviewing a groundbreaking legislative proposal to allow California state colleges and universities to hire undocumented immigrant students. The bill, known as Assembly Bill 2586 and introduced by David Alvarez, challenges federal law under the belief that these laws do not apply to state agencies. Another similar bill from Assemblymember Sabrina Cervantes targets the University of California but requires voter approval.
This proposal aims to provide undocumented students with job opportunities directly on campus, supporting their financial needs while they pursue their degrees. Despite the potential benefits, this move holds significant legal and financial ramifications, including the risk of federal prosecution or loss of federal funding.
California could be first state to hire undocumented college students on campus under new bill https://t.co/X1GetA3y8n
— The Sacramento Bee (@sacbee_news) August 27, 2024
Support and Opposition
Supporters argue that the bills are a necessary step towards inclusivity and financial stability for undocumented students. “America has always promised that if you work hard, you will have the opportunity to succeed,” said one supporter. “This bill will provide them with the opportunity to be employed by their campus to earn the financial means as they work towards completing their degrees.” Proponents believe that without such measures, undocumented students are forced into less secure, under-the-table jobs.
“We wouldn’t have to do this if the federal government actually did their job and passed immigration reform,” said Alvarez in an interview with CalMatters.
Opposition primarily comes from those who view the bill as a violation of federal law. Assemblyman Bill Essayli (R-Corona) highlighted the potential legal risks, stating, “This bill flagrantly flouts federal law, and federal law is very clear. You have to be eligible for employment to be hired, you cannot be here unlawfully.” Concerns also revolve around possible criminal prosecution for colleges and universities, and the chance of losing substantial federal funding.
Potential Impact
If implemented, the bill would assist undocumented students who already receive state tuition waivers, grants, and loans. The University of California, California State University, and California Community Colleges would have to treat federal laws prohibiting hiring undocumented individuals as inapplicable by January 6, 2025. These efforts aim to alleviate labor exploitation and financial difficulties faced by undocumented students working as independent contractors or in cash-only jobs.
“We will be helping students who struggle every day to stay financially afloat as they are earning their degrees, really changing their lives,” said Assemblyman David Alvarez, D-San Diego, according to Politico.
Despite the optimistic outlook from some lawmakers, the complexity of implementing the bill is undeniable. The UC and Cal State systems have expressed concerns about the financial and legal challenges, particularly the enforcement of the bill against federal statutes. The proposal has made its way through the Assembly with a vote of 63–7 and the Senate with a vote of 31–8, with most Republicans opposing it. Governor Newsom has until September 30 to sign or veto the bill.
