New Bill Could Change Employment Rules for Some California College Students

California lawmakers push controversial bill allowing undocumented students to work on college campuses, challenging federal law.

At a Glance

Two state bills propose allowing public colleges to hire undocumented students
The bills are based on a legal theory that federal employment laws don’t apply to state agencies
If passed, an estimated 60,000 undocumented students could benefit
Critics argue the bill violates federal law and risks legal and financial consequences

California Challenges Federal Law with Controversial Bill

California legislators have passed a bill that would allow state colleges and universities to employ undocumented immigrant students, directly challenging current federal law. The Opportunity for All Act, also known as Assembly Bill 2586, was approved by the California legislature on August 26 and now awaits Governor Gavin Newsom’s decision. This bold move has ignited a fierce debate over immigration policy and states’ rights.

The bill, introduced by Assemblyman David Alvarez, prohibits California’s public colleges and universities from making hiring decisions based on a student’s immigration status. If signed into law, it would instruct these institutions to treat federal laws prohibiting the hiring of undocumented individuals as inapplicable by January 6, 2025.

Potential Benefits and Controversies

Supporters of the bill argue that it would provide much-needed employment opportunities for an estimated 83,000 undocumented students in California, helping them support their education and contribute to the state’s economy. The legislation is seen as a continuation of California’s efforts to support undocumented students, who already receive state tuition waivers, grants, and loans.

“California is leading on an issue that, unfortunately, the rest of the country is failing.” – Assemblyman David Alvarez, D-San Diego, told The Sacramento Bee https://www.theepochtimes.com/us/newsom-weighing-bill-that-would-let-state-colleges-hire-illegal-immigrant-students-5713966

However, critics, including Republican lawmakers, have raised serious concerns about the bill’s legality and potential consequences. They argue that it flagrantly violates federal law and could lead to severe repercussions for the state, including the loss of federal funding for universities and potential legal action against the state.

Legal Challenges and Risks

The legal theory behind the bills, which suggests that federal employment laws do not apply to state agencies, remains untested in courts. This unprecedented approach has raised questions about potential criminal prosecution or deportation for undocumented students and their families, as well as civil or criminal prosecution for employees who hire them.

“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.” https://www.theepochtimes.com/us/newsom-weighing-bill-that-would-let-state-colleges-hire-illegal-immigrant-students-5713966

The University of California and California State University systems have expressed concerns about the legal and financial implications of the bills. These institutions risk losing billions in federal funding if they comply with the proposed state law while violating federal regulations.

Governor Newsom’s Decision Looms

As Governor Newsom weighs his decision, the eyes of the nation are on California. The bill’s fate could set a precedent for other states and potentially spark a legal battle with the federal government. Newsom has until September 30 to sign or veto the legislation, a decision that will undoubtedly have far-reaching implications for immigration policy, states’ rights, and the lives of thousands of undocumented students in California.

California Legislature passes bill requiring public universities to hire undocumented students. https://t.co/1TZ00mqTO4

— NEWSMAX (@NEWSMAX) August 27, 2024

While the intent to support undocumented students is clear, the potential risks and legal challenges cannot be ignored. As California continues to push the boundaries of state authority on immigration issues, the outcome of this bill could shape the national conversation on immigration reform and the limits of state power for years to come.