HomeElections

California’s First-in-the-Nation Policy on Hiring Undocumented College Students Awaits Newsom’s Decision

California lawmakers have passed groundbreaking legislation that would require public universities to hire undocumented students without work permits. Governor Gavin Newsom has until the end of September to decide whether to sign this controversial bill.

California Gov. Gavin Newsom must decide whether to sign the proposal by the end of September. | Derrick Tuskan/AP

California Passes Groundbreaking Legislation

California lawmakers have approved a first-in-the-nation bill requiring public universities to hire undocumented students who lack work permits. This legislation, introduced by Assemblyman David Alvarez, addresses the needs of students who have been ineligible for employment in the U.S. since the Deferred Action for Childhood Arrivals (DACA) program was frozen. The bill now awaits the decision of Governor Gavin Newsom, who has yet to publicly take a position on the issue.

Challenges Faced by Undocumented Students

The legislation was inspired by the University of California’s (UC) decision to reject a similar proposal earlier this year due to legal concerns. Alvarez argued that the bill would provide much-needed financial support for undocumented students pursuing their degrees. The bill would apply to the California State University system and California Community Colleges, which together form the largest higher education network in the country. However, it remains unclear if the UC, which has constitutional autonomy, will be included.

Legal Concerns and University Opposition

Despite the UC’s initial resistance, the university has not formally opposed the bill. However, it has raised concerns about potential legal liabilities for both students and university employers who participate in what could be considered an illegal employment arrangement. Student activists and law professors have countered that federal law banning the hiring of undocumented individuals does not apply to state government employers like universities.

Political Implications for Newsom

Governor Newsom, a prominent supporter of President Joe Biden, faces a politically sensitive decision with this bill, particularly in an election year. Newsom appointed many members of the UC governing board, who declined to support a similar initiative earlier this year. The governor has until the end of September to decide whether to sign the bill into law.

Subscribe to our newsletter

COMMENTS