education policy••4 min read

Why Newsom Once Again Blocked Campus Jobs for Undocumented Students

Governor Gavin Newsom has vetoed Assembly Bill 713, marking the second time in two years he has blocked undocumented students from accessing campus employment. The decision highlights ongoing legal and political tensions regarding federal work authorization and state hiring policies.

Why Newsom Once Again Blocked Campus Jobs for Undocumented Students

The Veto Heard Across Campuses

For the second time in two years, California Governor Gavin Newsom has vetoed legislation aimed at allowing undocumented students to hold paid jobs at the state’s public universities. The latest bill, Assembly Bill 713, would have barred the University of California, California State University, and community college systems from disqualifying students from campus employment based on their inability to provide federal work authorization.

The veto extends a four-year advocacy battle for student leaders and immigrant rights organizations who argue that these roles are essential for student success and financial stability. Despite the legislative push, Newsom remains concerned about the legal risks the state might face.

The Core Conflict: Federal Risk vs. State Rights

In his veto message, Governor Newsom cited concerns regarding the potential for criminal and civil liability for state employees. Specifically, Newsom noted that his apprehension regarding federal retaliation has only intensified since his previous veto in 2024. The administration remains wary that the legislation could put the state in direct conflict with federal laws prohibiting the employment of undocumented immigrants.

  • The bill would have prohibited public colleges from using a lack of federal work authorization as a reason to deny student employment.
  • Advocates argue that campus jobs provide necessary financial support and career-building experience for undocumented students.
  • University systems, including the UC and CSU, remained neutral on the passage of the bill.
  • A separate legal battle continues, with courts previously ruling that the UC’s no-hire policy for undocumented students may violate state anti-discrimination laws.

A Complex Legal Landscape

The legislative impasse exists alongside an evolving court battle. Following Newsom's 2024 veto, litigation emerged challenging the university system's internal policies. An appellate court ruled that the University of California's blanket refusal to hire undocumented students 'facially discriminates' based on immigration status, citing the California Fair Employment and Housing Act. The California Supreme Court recently declined to hear an appeal from the UC, leaving the lower court's ruling in place, yet the system has notably not updated its hiring practices.

California has a proud history of being at the forefront of expanding opportunities for undocumented students who seek to realize their higher education dreams.

— Governor Gavin Newsom (from prior communications)

Key Takeaways

  • Governor Newsom vetoed AB 713, blocking undocumented students from campus jobs.
  • This is the second time the Governor has vetoed this type of legislation in two years.
  • The primary reason for the veto remains the risk of federal civil and criminal liability.
  • State courts have suggested that existing university hiring policies may violate California's own anti-discrimination laws.
  • The fight for campus employment access for undocumented students remains ongoing.

FAQ

What would Assembly Bill 713 have done?

It would have prohibited public universities in California from disqualifying students from campus jobs because they lack federal work authorization.

Why did the Governor veto the bill?

Governor Newsom expressed concerns about potential federal criminal and civil liability for state employees if the bill were enacted.

Have these bills been vetoed before?

Yes, this is the second time in two years that Governor Newsom has vetoed legislation of this nature.

What is the status of campus hiring policies at California public universities?

Despite court rulings suggesting that current no-hire policies may violate state law, the university systems have not fundamentally changed their employment requirements for undocumented students.

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Sources