Will California’s efforts to support undocumented students transform higher education employment policies?
At a Glance
- Two state bills propose allowing public colleges and universities to hire undocumented students, challenging federal law.
- The bills are based on a legal theory that federal employment laws do not apply to state agencies.
- Assemblyman David Alvarez introduced Assembly Bill 2586.
- A similar bill by Assemblymember Sabrina Cervantes targets the University of California (UC).
Legislation Overview
California lawmakers are debating two pivotal bills that could allow public colleges and universities to hire undocumented students. Assemblyman David Alvarez’s Assembly Bill 2586 and a similar bill by Assemblymember Sabrina Cervantes propose hiring undocumented students for on-campus jobs, despite existing federal restrictions.
The bills are built upon the legal theory that federal employment laws are inapplicable to state agencies. This controversial approach, if passed, could fundamentally shift employment practices within the state’s higher education system.
California could be first state to hire undocumented college students on campus under new bill https://t.co/X1GetA3y8n
— The Sacramento Bee (@sacbee_news) August 27, 2024
Challenges and Support
The UC Board of Regents previously halted similar proposals, leading to the drafting of these bills. Despite their intent to support an estimated 60,000 undocumented students, the bills face significant hurdles, including the risk of federal prosecution, potential loss of federal funding, and legal challenges.
“We wouldn’t have to do this if the federal government actually did their job and passed immigration reform,” said Alvarez in an interview with CalMatters.
Supporters argue that the legislation is crucial for providing financial aid and preventing labor exploitation among undocumented students, who often work as independent contractors or in under-the-table jobs. Additionally, the Opportunity for All Act passed California’s Assembly and Senate but awaits Governor Gavin Newsom’s signature or veto by September 30.
Potential Impact
If enacted, the bills could significantly aid undocumented students by offering on-campus job opportunities, thereby easing financial burdens as they pursue their degrees. However, concerns persist around legal repercussions for both the institutions and the students, emphasizing the complex nature of this topic.
“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,” commented Assemblyman Bill Essayli (R-Corona). “Now California has passed a bill saying we’re going to ignore that … and that is not democracy.”
Despite legal and financial risks, bill proponents believe that supporting undocumented students aligns with California’s history of leading progressive policies. These efforts complement existing state tuition waivers, grants, and loans available to undocumented students.
