California lawmakers passed a bill Aug. 26 that would prohibit colleges and universities in the state from making hiring decisions based on a students’ immigration status, with the measure now on Gov. Gavin Newsom’s desk awaiting a signature or veto.
Alvarez said the bill is needed because such students have “fulfilled their obligations” and are preparing themselves to better serve the state.
“America has always promised that if you work hard, you will have the opportunity to succeed,” he said in legislative analyses. “This bill will provide them with the opportunity to be employed by their campus to earn the financial means as they work towards completing their degrees.”
The author said the bill would also bolster California’s position as a leading policymaker that inspires national trends.
“California has the opportunity to continue to serve as a model for the rest of the nation,” Alvarez said. “Only then can our state truly maintain its status as an economic powerhouse and the place where the nation’s future is invented.”
The bill passed 63–7 in the Assembly and 31–8 in the Senate, with most Republicans voting against it.
“This bill flagrantly flouts federal law, and federal law is very clear. You have to be eligible for employment to be hired, you cannot be here unlawfully,” Assemblyman Bill Essayli (R-Corona) told The Epoch Times. “Now California has passed a bill saying we’re going to ignore that ... and that is not democracy.”
One proponent of the bill called its passage a “huge win for undocumented students in California.”
Newsom has until Sept. 30 to sign or veto the bill.
An organization representing students said the approximately 83,000 undocumented students attending California’s institutions of higher learning would greatly benefit from the law.
“California has been a leader in the nation in providing education to students, with grants, loans, and scholarships available to undocumented students pursuing their higher education dreams,” the California State Student Association said in legislative analyses. “AB 2586 would open doors for students, regardless of immigration status, to continue to pursue their higher education dreams while being eligible for work opportunities on campus.”
The California Labor Federation said in analyses that current guidelines that outlaw the hiring of undocumented students are rooted in what some believe is an “incorrect interpretation” of the Immigration Reform and Control Act passed in 1986.
“Legal scholars have identified that the federal prohibition on hiring undocumented people does not apply to state governments when they act as employers, like California’s higher education systems,” the group wrote in legislative analyses. “This means that the [University of California], [California State University], and the [state’s community colleges] can authorize the hiring of all their undocumented students.”
While no official opposition was received by legislative committees, the University of California wrote a letter outlining concerns that some undocumented students and their families could face criminal prosecution or deportation, employees participating in hiring decisions could be subject to civil or criminal prosecution due to violations of federal law, and the university system could incur civil fines and face criminal penalties or lose access to federal contracts.
State university systems also noted that billions of dollars in federal funding could be jeopardized for violating federal law.
Essayli, an attorney with experience as a federal prosecutor, advised schools to discuss the matter with legal counsel before proceeding.
“I would strongly encourage every ... campus to talk to their attorneys before they violate federal law ... because it could jeopardize their federal funding, and more importantly, subject them to both civil and criminal prosecution,” Essayli said.
If signed into law, costs to the state could be in the mid-hundreds of thousands of dollars for universities to update policies, and one-time costs could reach millions of dollars to update procedures across the state’s 72 community college districts, according to the Senate’s Appropriations Committee.
One lawmaker said the bill would help students manage expenses.
