Campus jobs for undocumented students blocked by Newsom veto

Gov. Gavin Newsom on Sunday vetoed a bill that would have opened paid campus jobs to undocumented students at California's public colleges and universities.

Assembly Bill 713 would have barred the University of California, California State University and state community colleges from disqualifying students from campus employment because they could not show federal work authorization.

It was the second time in two years that Newsom struck down such a bill. In his veto message, Newsom said he was concerned about "potential criminal and civil liability for state employees" if the bill became law.

Newsom rejected a similar bill in 2024, after UC regents reversed their support for the policy and as fears grew that the state could face federal repercussions by justifying the hiring under an theory developed by UCLA legal scholars.

"Unfortunately, my concerns about its unintended consequences have only grown," Newsom said in Sunday's veto message. "The current federal government has shown it is quick to wreak destruction for political spectacle — attacking California's public higher education institutions and terrorizing immigrant communities, including students, with reckless disregard for consequences and a desire for chaos."

"California remains committed to economic opportunity and tuition affordability for all students, including leading efforts to support undocumented students who face growing barriers and threats under this cruel federal administration," Newsom said.

The UCLA professors argued that a 1986 federal law banning employers from hiring undocumented workers does not apply to state governments. That theory underpinned the bill, but Newsom warned that proceeding before federal courts established its legality was a risk.

"The federal courts must resolve the legality of the novel legal theory behind this legislation before we proceed," Newsom said.

Days after Newsom's 2024 veto, an undocumented UCLA alumnus sued the university. A state appeals court ruled last year that UC's no-hire policy "facially discriminates based on immigration status" and ordered the university to reconsider it. The state Supreme Court in October declined to hear a UC appeal.

UC has not changed its policy.

Responding to the veto, UCLA law professor Ahilan Arulanantham — who developed the legal theory along with law professor Hiroshi Motomura — said Newsom's decision was "misguided." Arulanantham and Motomura are co-directors of the Miñana Family Center for Immigration Law and Policy at the UCLA law school.

"Rather than stand with undocumented students, the governor asks for another suit," said Arulanantham, who also represented plaintiffs in the lawsuit against UC. "Ironically, the governor's failure to do what is right will not protect the university, but instead leave it even more vulnerable without the backing of the explicit state law that the Legislature overwhelmingly favors."

Newsom's latest veto comes as the Trump administration presses California and its public universities over immigration. The Justice Department has sued California and 20 other states over in-state tuition for undocumented students. Courts have blocked the in-state tuition laws in five states.

UC and Cal State did not take positions on this year's bill. Both raised concerns about the 2024 version, telling state lawmakers that the universities could face criminal penalties, civil fines or the loss of federal contracts.

In a statement released before the veto, UC said it was a "leader in supporting undocumented students, who are vital members of the UC community and make significant contributions to our economy and society as scholars, researchers, and future leaders."

The Cal State Student Assn. and UC Student Assn. voiced support. The Faculty Assn. of California Community Colleges and the Student Senate for California Community Colleges also said they were in favor.

Between 2,000 and 4,000 undocumented students attend UC, which enrolls nearly 301,000 students. About 9,500 attend Cal State, out of 471,000. Roughly 70,000 undocumented students attend community colleges.

Advocates for AB 713, dubbed Opportunity for All, gathered Sept. 4 at the UCLA Labor Center's James Lawson Jr. Worker Justice Center near MacArthur Park to push for its passage. Speakers included Assemblymember José Luis Solache Jr. (D-Lynwood), who wrote the bill.

"The safest place for our undocumented students to be at work is on campus," Solache said.

Candice Phan, president of the UC Student Assn. and a UC Davis student, said the ban reaches far beyond what is typically viewed as work.

Phan said it blocks students from paid internships, research and teaching assistant jobs and student government posts that include stipends — positions she called "vital to advancing their future careers."

UC Regent José Hernández, who backed the bill, also spoke at the recent rally.

"Talent does not have an immigration status. Ambition does not have an immigration status, and a student's ability to contribute to California should not be determined simply by the circumstances under which the student arrived in this country," he said.

"As regents, we have a responsibility to protect the university, to respect the law, and to carefully evaluate the legal consequences of the decisions we make," Hernández said. "I take that responsibility seriously, but caution should never become an excuse for complacency."