Newsom vetoes bill that would let noncitizen students work at state's public universities

In another push to distance himself from his state's more progressive initiatives, California Gov. Gavin Newsom vetoed a bill that would have allowed illegal immigrant public university students to have on-campus jobs. 

This is the second time this month Newsom has nixed a bill that would have greatly expanded aid to illegal immigrants. Earlier this month, the blue-state governor vetoed a controversial bill that would have given noncitizens housing loans for first-time buyers.

"California has a proud history of being at the forefront of expanding opportunities for undocumented students who seek to realize their higher education dreams," Newsom's veto letter of AB 2586 read. "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."

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College students in the UC system can receive financial aid, but a federal judge closed new applications to the DACA program in 2021. The program allowed certain noncitizens who were brought to the country as children and meet specific criteria to receive temporary federal work authorization from deportation. As such, many undocumented students not in the DACA program are unable to be employed on campus.

Newsom, who campaigned for President Biden before he dropped his re-election campaign, has previously supported other forms of aid to noncitizens, including health care coverage for all Californians regardless of proof of citizenship. 

University leaders and lobbyists also warned Democratic lawmakers about AB 2586 due to its tricky legal outlines that could land workers in a criminal prosecution.

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"Unfortunately, AB 2586 does not protect our undocumented students or employees from prosecution, nor does it protect the University from the risk of potentially losing billions in federal dollars," UC Legislative Director Mario Guerrero wrote in a letter to the state's Senate appropriations committee.

"We would welcome working with the author and Legislature on other legal options to support these students," the letter, sent in July, read.

UC leadership considered seeking declaratory relief to clarify if they could hire students before proceeding. Activists reportedly opposed this, fearing it would hinder student hiring. Still, Newsom suggested in his veto message that the UC system has that legal option. 

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"Seeking declaratory relief in court - an option available to the University of California - would provide such clarity," the veto read.

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Illegal immigration is one of the top issues in the 2024 race between Vice President Kamala Harris and former President Donald Trump. 

The Biden-Harris administration has been blamed for the crisis at the southern border over their weaker border policies and pro-illegal immigrant rhetoric. 

Editor's note: This story has been updated to reflect that the vetoed bill would not include DACA recipients.