Gavin Newsom Considers Unprecedented Policy for Employing Undocumented College Students
The proposed legislation aims to challenge federal law while providing assistance to Californians who do not qualify for the Deferred Action for Childhood Arrivals program.
TroibNews 
SACRAMENTO, California — On Monday, California lawmakers passed pioneering legislation requiring public universities to employ undocumented students who lack work permits, which now heads to Gov. Gavin Newsom, presenting a politically sensitive challenge in an election year.
Introduced by David Alvarez, a Democrat from the San Diego area, Assembly Bill 2586 was developed in response to the University of California's earlier dismissal of a similar initiative. The UC cited legal concerns regarding the system and its students, but it was also reportedly influenced by the Biden administration’s reluctance to pursue such a measure, particularly during a reelection campaign where border security was a significant issue.
“We will be helping students who struggle every day to stay financially afloat as they are earning their degrees, really changing their lives,” Alvarez stated on the Assembly floor Monday.
This legislation targets the California State University system, the nation’s largest four-year university system comprising 23 campuses, along with the California Community Colleges, which is the largest higher education system in the country. There’s ongoing discussion about its applicability to the UC system, which operates with constitutional autonomy from state legislation.
Newsom, a prominent supporter of Biden before the president withdrew from the reelection race, appointed several members to the UC governing board, who in January opted not to explore the legality of hiring students without work authorization. As of now, he has not publicly shared his stance on the legislation.
State officials in California have advocated for expanded access to government programs and services for undocumented individuals this year, including state-supported home loans, amid a national trend among some Democrats who have shifted to more conservative stances on immigration.
Under the new law, public universities must start employing these students — many of whom have been unable to work in the U.S. since the Deferred Action for Childhood Arrivals program was halted — by January 6, 2025.
While the UC has not formally opposed the legislation, it has expressed concerns in legislative hearings and advocacy correspondences, arguing that the law could expose both students and university employers to criminal liability for engaging in illegal employment practices. In contrast, a campaign spearheaded by student activists and law professors asserts that federal laws prohibiting the hiring of undocumented individuals do not extend to state government entities, including universities.
Newsom has until the end of September to determine his course of action regarding the bill.
Max Fischer contributed to this report for TROIB News
Introduced by David Alvarez, a Democrat from the San Diego area, Assembly Bill 2586 was developed in response to the University of California's earlier dismissal of a similar initiative. The UC cited legal concerns regarding the system and its students, but it was also reportedly influenced by the Biden administration’s reluctance to pursue such a measure, particularly during a reelection campaign where border security was a significant issue.
“We will be helping students who struggle every day to stay financially afloat as they are earning their degrees, really changing their lives,” Alvarez stated on the Assembly floor Monday.
This legislation targets the California State University system, the nation’s largest four-year university system comprising 23 campuses, along with the California Community Colleges, which is the largest higher education system in the country. There’s ongoing discussion about its applicability to the UC system, which operates with constitutional autonomy from state legislation.
Newsom, a prominent supporter of Biden before the president withdrew from the reelection race, appointed several members to the UC governing board, who in January opted not to explore the legality of hiring students without work authorization. As of now, he has not publicly shared his stance on the legislation.
State officials in California have advocated for expanded access to government programs and services for undocumented individuals this year, including state-supported home loans, amid a national trend among some Democrats who have shifted to more conservative stances on immigration.
Under the new law, public universities must start employing these students — many of whom have been unable to work in the U.S. since the Deferred Action for Childhood Arrivals program was halted — by January 6, 2025.
While the UC has not formally opposed the legislation, it has expressed concerns in legislative hearings and advocacy correspondences, arguing that the law could expose both students and university employers to criminal liability for engaging in illegal employment practices. In contrast, a campaign spearheaded by student activists and law professors asserts that federal laws prohibiting the hiring of undocumented individuals do not extend to state government entities, including universities.
Newsom has until the end of September to determine his course of action regarding the bill.
Max Fischer contributed to this report for TROIB News
