Newsom Vetoed Bill Allowing Illegal Aliens to Work at California Public Universities

FAIR Take | September 2024

California Governor Gavin Newsom last week vetoed Assembly Bill (AB) 2586 that would have allowed illegal aliens attending public colleges and universities to work on campus. In his veto letter, Governor Newsom said, “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.”

AB 2586 authorizes California colleges and universities to hire illegal alien students for campus jobs under certain conditions. But more than that, under AB 2586, California colleges and universities would not be able to prohibit these students from being hired for an on-campus job unless proof of work authorization is either “required as a condition of a grant that funds the particular employment position for which the student has applied” or it is required by federal law.

The bill constitutes a deliberate attempt by the California legislature to violate federal law. Section 274A of the Immigration and Nationality Act (INA) prohibits the employment of aliens who do not have work authorization. It provides: “It is unlawful for a person or other entity to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien.”

Nevertheless, the California legislators who drafted the bill ignored this provision and instead relied on a memorandum published by the UCLA Center for Immigration Law and Policy. This memorandum suggests that since 8 U.S.C. 1324 (a) didn’t specifically reference state entities, they are not bound by the federal law. Accordingly, the memorandum claims state entities may “lawfully hire undocumented students irrespective of employment authorization status under federal law.” This opinion, reflected in the legislation, is a clear attempt to avoid legal liability, stating that the federal law which prohibits the hiring of illegal aliens is not applicable because it does not apply to state entities.

In May 2023, after the memorandum was published, the University of California (“UC”) Board of Regents unanimously agreed to find a pathway to enact a policy to hire students without work permits. The Board then established a working group to determine whether providing employment opportunities to illegal aliens is legal. However, after seeking advice from a plethora of legal counsel, the UC Regents decided in January 2024 to suspend consideration of such a policy for one year, citing “significant risk for the institution and for those we serve.” This decision by the Board of Regents was the impetus for AB 2586.

Not surprisingly, supporters of the bill were upset by Governor Newsom’s veto. The bill’s sponsor, Assemblyman David Alvarez, released a statement on X stating that “Governor Newsom’s veto is a profound disappointment because it denies students the opportunity to better themselves through education.” Some students expressed outrage. Jeffry Umaña Muñoz, a graduate student at Cal State L.A., said that Governor Newsom’s decision will “deny us the equitable opportunities we deserve.”

However, a spokesperson for the UC system noted that if the bill had been enacted it could have put students, faculty, staff, and significant federal funding at risk. The funding was of particular importance, given that the UC system receives more than $12 billion per year from the federal government.

Governor Newsom’s veto may have been to help Vice President Kamala Harris, who, as the election nears, is trying to create the image that she is tough on the border. Governor Newsom has been campaigning for the Vice President and senior Democrats have privately expressed concern that enacting legislation designed to help illegal aliens – in Ms. Harris’ home state, no less – could hurt her presidential run. Governor Newsom recently vetoed legislation to help illegal aliens buy homes, and just Saturday, he also vetoed legislation that would provide illegal aliens unemployment benefits.

That said, Governor Newsom may have vetoed these bills to help himself as much as anyone. It is well-known that the Governor has contemplated his own presidential run and realizing how much the issue has impacted the current race, he could be eager to paint himself in the best light possible before a national electorate.