By Mikhail Zinshteyn

WHAT THE BILL WOULD DO

AB 2586 by Assemblymember David Alvarez, a Democrat from Chula Vista, would make California the first state in the nation to allow public colleges and university students who are undocumented to work at their campuses. The bill is based on a novel legal theory, first proposed by UCLA law professors, that argues that the 1986 federal law that bars undocumented residents from working doesn’t apply to state employers. About 60,000 students at California’s community colleges, California State University and the University of California could benefit starting Jan. 6 if Gov. Gavin Newsom signs it.

WHO SUPPORTS IT

A coalition of undocumented students, the student governments of the three public higher education systems, UCLA legal scholars, some individual community colleges and a phalanx of social justice nonprofits. While undocumented students are eligible for state grants and tuition waivers, they’re blocked from receiving federal aid and loans, which denies them full access to funds to afford tuition, rent, school supplies and other basic needs. Many undocumented students already work, but risk being exploited or put in dangerous situations. Working on campus ensures more safety and jobs that are better fits with what students study.

WHO IS OPPOSED

Aside from the few Republicans who voted against the bill, no one officially, though the public university and community college system central offices expressed an assortment of concerns. The University of California worries that its hiring staff would be at risk of prosecution for flouting federal law and that its billions of dollars in federal contracts would be in jeopardy. The Cal State system had similar worries about the federal student financial aid all its students receive. The UCLA law scholars have argued those scenarios are highly unlikely and that in a worst-case scenario, a judge would tell the state and campuses that they can no longer hire undocumented students. The Senate’s judiciary committee staff analysis also pushed back on UC’s concerns. 

The community college system, meanwhile, said it’ll struggle to meet the early January deadline to implement the law.

WHY IT MATTERS

Students and UCLA legal scholars first proposed the idea to the UC Board of Regents, who pledged in 2023 to consider the proposal. Ultimately, the regents voted to delay any implementation, citing the analysis of the system’s lawyers and outside counsel about the risks to the UC in the event the federal government retaliates. Heartbroken, the students and their allies synced up with Alvarez to propose this bill.

The bill would mean more economic opportunity for undocumented college students. It may also prompt other state legislation to allow more state agencies to hire undocumented residents. How the bill is received by the federal government will be top of mind for state and national immigration and education watchers. The stakes may be even higher if Donald Trump again wins office: He and his aides want to deport millions of undocumented Americans and establish deportation camps near the southern border.

GOVERNOR’S CALL ❌

Newsom announced Sept. 22 he vetoed the bill. In his veto message, he said the courts need to decide this issue first. “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,” he wrote.