California Bill Could Allow Public Colleges to Hire Undocumented Students

A bill recently passed by California lawmakers could change the way public colleges and universities in the state hire employees. The legislation, which is currently awaiting either a signature or veto from Governor Gavin Newsom, would prevent these institutions from making hiring decisions based on a student's immigration status.

Assembly Bill 2586: The Opportunity for All Act

Known as the Opportunity for All Act or Assembly Bill 2586, this legislation was introduced by Assemblymembers David Alvarez (D-San Diego) and Mike Gipson (D-Carson). If enacted, the bill would render federal laws prohibiting the hiring of undocumented individuals inapplicable to the University of California, California State University, and California Community Colleges starting on or before January 6, 2025. Alvarez argues that the bill is necessary as these students have met their obligations and are preparing to contribute to the state. He believes the bill will provide them with the opportunity to work on their campus and earn financial means while completing their degrees. Furthermore, Alvarez suggests that the bill could reinforce California's position as a trendsetter in policy making. Despite the bill's passing in the Assembly and Senate, it faced opposition, primarily from Republicans. Critics argue that the bill disregards federal law, which requires individuals to be eligible for employment to be hired and prohibits the employment of those in the country unlawfully.

Support for the Bill

Supporters of the bill, including the Coalition for Human Immigrant Rights, view its passage as a significant victory for undocumented students in California. They are now urging the governor to sign the bill to ensure equal opportunities for all students in the state. The California State Student Association believes that the approximately 83,000 undocumented students attending California's higher education institutions would greatly benefit from the law. They argue that the bill would open doors for these students, allowing them to pursue their higher education dreams while being eligible for work opportunities on campus. The California Labor Federation suggests that current guidelines prohibiting the hiring of undocumented students are based on a potentially incorrect interpretation of the Immigration Reform and Control Act passed in 1986. They argue that the federal prohibition on hiring undocumented people does not apply to state governments when they act as employers.

Concerns and Potential Costs

While the bill has not received official opposition, the University of California has expressed concerns that some undocumented students and their families could face criminal prosecution or deportation. They also worry that employees involved in hiring decisions could be subject to civil or criminal prosecution due to violations of federal law, and that the university system could incur civil fines and face criminal penalties or lose access to federal contracts. Additionally, state university systems have noted that billions of dollars in federal funding could be at risk for violating federal law. Assemblyman Bill Essayli (R-Corona) has advised schools to consult with legal counsel before proceeding. If the bill is signed into law, the Senate's Appropriations Committee estimates that the costs to the state could be in the mid-hundreds of thousands of dollars for universities to update policies. Additionally, one-time costs could reach millions of dollars to update procedures across the state's 72 community college districts.

Benefits for Students

State Sen. María Elena Durazo (D-Los Angeles) believes that the bill would assist students in managing expenses. She argues that students attending UC campuses, state universities, and community colleges should have equal access to employment and other opportunities, regardless of their immigration status. She also notes the need for students to gain work experience and earn an income during their studies, especially as college tuition continues to rise.

Bottom Line

This bill represents a significant shift in policy regarding the hiring of undocumented students at public colleges and universities in California. While it has garnered support from some quarters, it has also raised concerns about potential legal repercussions and financial implications. What are your thoughts on this legislation? Do you think it will provide equal opportunities for all students, or could it lead to unforeseen consequences? Share your thoughts and discuss with your friends. Don't forget to sign up for the Daily Briefing, which is delivered every day at 6pm.