Legislature sends Newsom undocumented student employment bill after 2024 veto

A bill allowing undocumented students at the University of California, California State University and California Community Colleges to work on campus has been approved by the California Legislature and is now awaiting Gov. Gavin Newsom’s signature.

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A nearly identical bill was proposed in 2024. But it was vetoed by the governor for fear that it could invite legal challenges for the state from the federal government. Since then, however, the California Supreme Court has upheld a lower court’s determination that denying educational employment opportunities to undocumented students is discriminatory. It also upheld retaining that policy for fear of the federal government’s response is inappropriate. This, supporters say, has opened the door for the bill to now pass.

“Until true system reform comes, California must continue to be the leaders we have always been in defending our undocumented student population with humanity and compassion,” said, bill author, Assemblymember José Solache Jr., D-Lynwood. “Our students are simply asking for equal opportunity to work and contribute to our communities and the campus they call home.”

Assembly Bill 713, introduced more than a year ago and sponsored by a coalition of immigrant rights, labor and legal organizations, would prohibit public higher education institutions in California from disqualifying a student from employment due to a lack of proof of federal work authorization. The only exceptions, per the bill, are in situations when such proof is required by federal law or as a condition of a grant that funds a particular job. If the bill receives the governor’s approval, all institutions must implement the change by Jan. 6.

Supporters say the bill will go a long way in providing professional opportunities and reducing the financial barrier to higher education faced by undocumented students. Without access to campus jobs, undocumented students often have to turn to unsafe, “under the table” work to make ends meet as they pursue their degrees, they say.

At a time when immigration enforcement activity has been ramped up across the nation, affordability and access to higher education for undocumented students is already compromised. While the Trump administration is challenging state laws that allows undocumented students to pay in-state tuition and apply for financial aid at public higher education institutions, the California Student Aid Commission has already seen aid applications dropped significantly for undocumented and mixed-status students between the 2025-2026 and 2026-2027 cycles.

The bill is supported by the Cal State Student Association, Student Senate for California Community Colleges and UC Student Association. The issue was also raised at the UC Board of Regents meeting in July, when several students took to public comment to draw attention to the educational inequity they said their undocumented peers face.

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“The California Dream Act and fellowships at the UC may have provided an accessible pathway for undocumented students, but it’s not enough for them to cover expenses like rent or basic necessities, as well as having limited opportunities to develop educational and long-term professional skills,” Yancy Garcia, a UC Irvine student, said. “Undocumented students make up a substantial portion of California’s future workforce, so they deserve the same educational experience and opportunities as their peers.”

Supported by Democrats and opposed by Republican lawmakers, the bill rests on an assumption that a federal ban on hiring undocumented noncitizens does not apply to UC, CSU and the community colleges because that provision does not include any branch of state government. A September 2022 memo by the UCLA Center for Immigration Law and Policy came to the same conclusion.

The UC, however, has wavered in its commitment to equal access to opportunities for undocumented students on account of what it called “considerable risks” to the university and its students. In January 2024, the university paused its internal effort to address the employment ban through the convening of a working group after it received advice from legal counsel.

Assemblymember Solache said he believes that California’s higher education systems have denied employment opportunities to undocumented students “out of legal caution” because they have not received explicit direction not to do so. AB 713, he hopes, will provide the needed clarification.

Both the UC and CSU systems, though not officially opposed to the bill, have noted that its passage could result in “potentially significant” legal costs. When the 2024 iteration of the bill was proposed, they also raised concerns that the legislation could expose undocumented students and their families to the possibility of criminal prosecution or deportation and result in loss of federal grants for campuses.

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