Newsom Vetoes Employing Undocumented Students on Campuses

While California governor Gavin Newsom signed some higher education–related bills into law over the weekend, a key bill that would have expanded opportunities for undocumented students is dead.

Newsom, a Democrat, vetoed legislation Sunday that would have allowed undocumented students to work on public university campuses in the state, a devastating blow to those students and their supporters. Newsom wrote in his veto message that California has been at the “forefront of expanding opportunities for undocumented students who seek to realize their higher education dream,” but the legal risks of the legislation were too great.

“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,” Newsom wrote.

Relieved Institutions, Disappointed Students

The bill was based on a yet-to-be-tested legal theory put forth by the Center for Immigration Law and Policy at the University of California, Los Angeles, which suggests that the law prohibiting employers from hiring undocumented immigrants doesn’t apply to states or state entities such as public universities. A 2022 memo detailing the theory was signed by 29 constitutional and immigration law scholars, including Erwin Chemerinsky, dean of the University of California, Berkeley, School of Law.

Prior to Newsom’s decision, leaders of the state’s public higher ed systems sent letters to the governor expressing concern about whether the theory would hold up if challenged in court.

A UC system statement to the Los Angeles Times said, “This is a complicated situation, and we acknowledge the Governor’s basis for his veto in light of concerns that federal law would prohibit the University from hiring undocumented students, and that the implementation of this law could put our students, faculty, staff, and significant federal funding at risk.”

It continued, “The University will continue to support our undocumented students, including expanding access to opportunities that allow undocumented students to gain valuable experiential learning and financial support.”

A statement from California State University said the system is “deeply committed to ensuring undocumented students have the resources and support they need to fulfill their academic pursuits, and we remain strong advocates for their rights and access to higher education.”

The bill “shone a bright light on the inconsistencies of state and federal immigration policies and employment laws,” the statement read. ”The CSU looks forward to working closely with legislators at the state and federal level to find solutions to this critical matter that directly impacts so many of our students.”

Undocumented students and their advocates, however, were deeply disappointed by the move.

Jeffry Umaña Muñoz, a Cal State LA graduate student, told the Los Angeles Times that students like him were “ashamed and appalled” by the veto, which he described as a decision “to cave to the anti-immigrant vitriol of Trump and the Republicans and deny us the equitable opportunities we deserve.”

California “fell short of providing a real tangible remedy to undocumented students, providing employment opportunities on the same campuses that we’re asking them to call home to ultimately experience the full transformative power of college education,” said Joshua Hagen, vice president of policy and advocacy at the Campaign for College Opportunity, a California-based research and advocacy organization focused on equity in higher education.

Higher Ed Bills Vetoed, Signed

Newsom vetoed some other higher ed–related bills, as well.

Notably, he nixed a bill that would have increased the allowed workload for community college adjunct professors in the state, after having vetoed a similar proposal in 2021 because of potential costs. He similarly didn’t sign a bill that would have extended California College Promise grants by two years for students pursuing baccalaureate degrees at community colleges, because of “cost pressures.”

Newsom also vetoed legislation that would have required the Instructional Quality Commission, which advises the State Board of Education, to consult professors when making changes to a curriculum framework in math or science. The bill also would have allowed the Intersegmental Committee of the Academic Senates, representing faculty of the state’s public higher ed systems, to nominate two professors to participate on an associated curriculum framework and evaluation criteria committee. Newsom noted in his veto message that faculty subject matter experts already participate in these processes through a competitive application process.

But some higher ed–focused bills did make it into law.

Newsom signed a bill that extends the deadline for California community colleges to settle on a common course-numbering system for general education requirements and courses required for transfer. The deadline was this July, and the system now has an additional three years. He also allowed for a five-year extension of the California Community Colleges Economic and Workforce Development Program, which oversees programs and grants related to career education and entrepreneurial development.

Newsom also signed legislation requiring community colleges and California State University campuses to designate an employee on each campus “as a point of contact for the needs of lesbian, gay, bisexual, asexual, pansexual, transgender, gender-nonconforming, intersex, and two-spirit faculty, staff, and students.” These campuses are also required by the law to “adopt and publish policies on harassment, intimidation, and bullying, and to include these policies within the rules and regulations governing student behavior.”

The bill requests University of California campuses do the same. It also requires the California Student Aid Commission to inform students receiving state aid if they’re attending religiously affiliated higher ed institutions exempt from antidiscrimination protections under Title IX and the Equity in Higher Education Act.

Melissa Vilarin, a spokesperson for the California community college system, thanked Newsom for signing bills that enable the colleges “to continue administering workforce programs” as well as “a sweeping legislative effort to address sexual discrimination in higher education.״

Hagen said the most critical state bills related to higher ed are still awaiting action from the governor, including bills that would expand dual-enrollment opportunities and build out guaranteed transfer pathways in STEM fields. Another bill would ban the practice of scholarship displacement, which refers to when students’ state aid awards are reduced if they receive private scholarships. Newsom is also considering whether to sign a bill that would end legacy and donor preferential admissions at private institutions in the state.

Newsom has until Sept. 30 to make decisions on these bills. Hagen is “cautiously optimistic” the governor will sign them.

“The overwhelming majority of advocates, students, educators are still waiting with bated breath,” Hagen said.