Assembly Bill 713, authored by Assemblymember Jose Luis Solache, a Lakewood Democrat, rested on an untested legal argument: that a 1986 federal law barring employers from hiring workers without legal authorization does not extend to state governments, since the decades-old statute never explicitly names states among the employers it covers.

For the second time, however, Newsom concluded that betting California’s higher education system on that interpretation would invite retaliation from Washington.

“The current federal administration has shown itself eager to sow destruction for the sake of political theater, targeting California’s public colleges and universities and terrorizing immigrant communities, including students, with reckless disregard for the consequences and an appetite for chaos,” Newsom wrote in his veto message.

He continued: “But given the seriousness of what this bill could trigger — including potential criminal and civil liability for state employees — federal courts need to weigh in on the legality of this novel legal theory before we can move forward. Seeking a declaratory judgment in federal court would provide that clarity.”

Newsom vetoed nearly identical legislation in 2024.

Solache’s bill sought to give roughly 60,000 undocumented students enrolled in California’s community colleges and public universities the ability to earn wages legally through campus jobs, rather than being forced into off-the-books work. Supporters argued that on-campus employment could be structured around students’ class schedules or tied to their academic interests, such as research positions in laboratories.

Campus jobs represent a critical financial lifeline for these students, who are ineligible for federal Pell Grants — worth up to $7,400 annually — and cannot access federal student loans, which come with stronger borrower protections than private lending options. California does allow eligible state residents to receive tuition waivers regardless of immigration status, meaning many undocumented students can at least attend public institutions without paying tuition.

“While California has a long-standing commitment to expanding access, affordability and student success in higher education, our undocumented students continue to face significant financial and structural barriers,” Solache said during a legislative hearing on the bill in June.

The University of California itself abandoned a 2024 internal review into whether it could legally hire students without legal status, citing fears that the federal government might retaliate by withholding funding or pursuing criminal charges against UC staff.

That decision effectively dissolved a coalition of student activists who had spent years pushing the UC system to voluntarily adopt the legal theory that would allow such hiring.

Following Newsom’s 2024 veto, a UC student and a former UC professor filed suit against the university system. A state appellate court ruled that the UC’s justification — that the federal government could sue the system — amounted to an abuse of discretion under state law prohibiting employment and housing discrimination. The court found that the UC’s refusal to hire students without legal status was legally unsustainable unless the university could prove federal law mandated the policy. The UC appealed, but the state Supreme Court upheld the appellate ruling. That decision, however, stopped short of validating the underlying legal theory that states can lawfully employ workers without legal immigration status.

In his veto message, Newsom made clear that he wants a federal court to settle that question before California moves forward with legislation like Solache’s.

Original source: CalMatters

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Newsom vetoed Assembly Bill 713 on Sunday, rejecting a measure that relied on a largely untested legal argument: that a 1986 federal law prohibiting employers from hiring workers without authorization to work in the country doesn’t actually apply to state governments. Supporters of the bill pointed out that the four-decade-old statute never explicitly names state governments among the employers barred from such hiring.

Despite that argument, Newsom concluded that California’s public colleges and universities would be putting themselves in the crosshairs of federal retaliation if the state moved forward on its own.

“The current federal government has shown it is quick to wreak destruction for political spectacle — attacking California’s public higher education institutions and terrorizing immigrant communities, including students, with reckless disregard for consequences and a desire for chaos,” Newsom wrote in his veto message.

He added that the stakes were too high to act without more legal certainty. “Given the gravity of this bill’s consequences — including potential criminal and civil liability for state employees — the federal courts must resolve the legality of the novel legal theory behind this legislation before we proceed,” Newsom wrote, suggesting that seeking a declaratory ruling in federal court would be a better path forward.

This marks the second time Newsom has vetoed nearly identical legislation, having rejected a similar bill in 2024.

The latest proposal came from Assemblymember José Luis Solache, a Democrat representing Lakewood, who hoped to open the door for an estimated 60,000 students without legal status enrolled in California’s community colleges and public universities to work legally on campus. Rather than seeking under-the-table cash jobs, these students could instead hold positions suited to their coursework or research interests — including lab jobs tied to their academic programs, according to bill supporters.

Campus employment matters greatly for these students because they don’t qualify for federal Pell grants, which can provide up to $7,400 a year, or for federal student loans that typically offer better borrower protections than private lending options. California does allow eligible in-state students to attend public colleges tuition-free through waivers regardless of immigration status, but living expenses and other costs remain a major hurdle without steady income.

“While California has a longstanding commitment to expanding access, affordability, and student success in higher education, our undocumented students continue to face significant financial and structural barriers,” Solache told lawmakers during a bill hearing in June.

The University of California system had once considered adopting this same legal theory on its own but abandoned the effort in 2024, citing concerns that the federal government could retaliate by cutting off funding or pursuing legal action against UC employees.

That decision effectively dismantled a coalition of student activists who had spent years pressing the UC to act unilaterally and hire students regardless of immigration status.

Following Newsom’s 2024 veto, a student and a former UC lecturer filed suit against the university system. A state appellate court later ruled that the UC’s justification — fear of a potential federal lawsuit — amounted to an abuse of discretion under California’s anti-discrimination laws covering employment and housing. The court found that the UC’s blanket refusal to hire students without legal status couldn’t be legally justified unless the university could demonstrate that federal law actually compels that policy. The UC appealed the ruling, but the California Supreme Court declined to intervene, letting the appellate court’s decision stand. Notably, the ruling did not address whether the underlying legal theory — that states can lawfully employ workers without legal immigration status — actually holds up.

In his latest veto message, Newsom made clear he believes that question needs to be settled by federal courts before California moves forward with any law along the lines of what Solache proposed.

Original source: CalMatters

The post Newsom Vetoes Bill Allowing Undocumented Students to Hold Campus Jobs, Again appeared first on The Hemet & San Jacinto Chronicle.

State lawmakers passed Assembly Bill 713 on Friday, sending the governor a bill that would bar the University of California, California State University and the state’s community colleges from refusing to hire students simply because they lack legal status. The measure, authored by Assemblymember José Luis Solache, a Lakewood Democrat, drew broad Democratic support and even a vote in favor from one Republican lawmaker. If signed, it would take effect Jan. 6.

This is not the first time such a proposal has reached Newsom’s desk. He vetoed nearly identical legislation in 2024, citing worries that granting campus jobs to students without legal status could invite retaliation from the Trump administration, including possible cuts to the roughly $17 billion in federal funding the UC system receives each year.

Those same concerns are surfacing again. California’s Department of Finance has recommended against the bill, pointing to the risk of federal litigation and funding losses. The UC itself walked away from a similar internal proposal in 2024 for the same reasons, a decision that prompted tears and outrage from students at a Board of Regents meeting.

Some Republican lawmakers echoed those fears during debate on the current bill. Assemblymember David Tangipa, R-Fresno, argued in a January hearing that jeopardizing federal funding for the entire student body over this issue would be irresponsible, and he voted against the measure Friday.

The push for campus employment rights matters most for the tens of thousands of students without legal status enrolled across California’s public higher education systems — an estimated 60,000 as of 2023, the majority attending community colleges. These students cannot access federal Pell Grants, worth up to $7,400 a year, or federal student loans, which typically offer better protections than private financing. While California allows eligible students to attend public colleges tuition-free regardless of immigration status, many still struggle to cover living expenses without the ability to hold a legal job.

“While California has a longstanding commitment to expanding access, affordability, and student success in higher education, our undocumented students continue to face significant financial and structural barriers,” Solache told colleagues during a June hearing.

The legislation rests on a legal theory first advanced in 2022 by a group of UCLA scholars, who argued that the federal Immigration Reform and Control Act of 1986 — the law generally barring employers from hiring workers without legal status — was never intended to apply to state government employers. Because the law does not explicitly list states among covered employers, unlike other statutes that clearly do, the scholars contend Congress never meant to restrict state hiring decisions in this way. A state Senate Judiciary Committee analysis added that Congress may lack the authority to dictate state employment practices altogether under principles of federalism.

That theory led the UC Board of Regents to explore hiring students without legal status, but the effort collapsed under fear of federal backlash. Students later sued the university system, and a state appellate court ruled that UC’s blanket refusal to hire such students amounted to an abuse of discretion under California’s anti-discrimination laws. The court did not order UC to start hiring these students, but it said the university could not continue its policy without demonstrating that federal law actually requires it. The state Supreme Court declined to disturb that ruling. UC was also ordered to pay more than $500,000 in legal fees to the plaintiffs, who included a student and a former lecturer.

Because of the UC’s unique constitutional autonomy, dating back to 1879, it remains uncertain whether Solache’s bill could even compel the system to comply if signed into law. A UC spokesperson, Omar Rodriguez, said the university “is evaluating its options in light of the court’s ruling and will take appropriate action when that evaluation has concluded,” adding that UC has taken no formal position on the bill.

In the meantime, some students without legal status have found workarounds, forming limited liability companies or cooperatives that let them work as independent contractors rather than traditional employees — a strategy detailed in a 2022 law review article by University of Oklahoma professor Kit Johnson. But not every student has the resources or knowledge to set up such an arrangement, leaving many without a legal path to campus employment.

Supporters of the bill also pushed back on concerns that working legally on campus could expose students to greater immigration enforcement risk. They note that state and federal privacy laws limit what personal student information universities can share without consent. Still, that assurance has been tested recently: UC and Cal State campuses have shared student and staff records with federal investigators as part of the Trump administration’s inquiries into alleged antisemitism on campus, prompting lawsuits and, in the case of Cal State, a settlement requiring the university to notify employees before releasing their information to federal authorities.

Advocates argue that the possibility of immigration enforcement shouldn’t be used as a reason to deny students legal work opportunities, noting that the risks they face already exist whether or not they’re employed on campus.

Now the decision returns to Newsom, who must again decide whether to embrace an untested legal argument that could open a new front with Washington, or to once more side with caution and veto a measure that has strong support among legislative Democrats and immigrant advocacy groups.

Original source: CalMatters

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Caris Sandino, 28, of Beaumont, was one of the two MSJC graduates to receive the prestigious Jack Kent Cooke Undergraduate Scholarship. The coveted scholarship was awarded to only 60 students across the nation. She said joining the MSJC Honors Enrichment Program was one of the best decisions she’s made.  

“I am really happy with my experience at MSJC,” Sandino said. “It helped me grow personally and academically as well.” 

Of the 2,183 students earning degrees and certificates this year, 974 graduates walked in one of two ceremonies, marking the highest number of students to date participating in commencement. The MSJC Class of 2024 earned a total of 2,848 degrees and certificates, as some students earn more than one degree, certificate or a combination of both.  

The ceremony honored the college district’s 60th anniversary with the theme “A Legacy of Transformation.” MSJC began its anniversary celebration in the 2023-24 academic year to mark the 1963 opening of the college. Its first graduating class was celebrated in 1965, with a total of eight students.  

Sandino came to the U.S. from Nicaragua when she was 11 with her mother and is the first in her family to graduate from college. She founded MSJC’s Eagles DREAMers Club, which provides a safe space for undocumented students to network, advocate, and get the support they need to succeed.  

“Launching Eagles DREAMers has been one of the most personally meaningful accomplishments in my college journey,” Sandino said. “It’s been an incredible privilege to advocate for and support our undocumented student community, knowing that our efforts have the power to impact lives and foster inclusivity within our college community.”  

Her leadership and hard work in the classroom helped her earn the Cooke scholarship.  Sandino will transfer to the University of California, Berkeley to major in business administration.  

Temecula resident Joseph Awad, who served as Student Trustee this past year at MSJC, was the second MSJC graduate to receive the Cooke scholarship in 2024. Awad will transfer to the University of California, Los Angeles to major in psychology.  

Like Sandino, Awad joined the Honors Enrichment Program and was recognized for several significant research projects, including an Outstanding Abstract award from the Honors Transfer Council of California’s Research Conference held at University of California, Riverside in April for his research on “Contextualizing the Lived Experiences of Queer Arabs: Understanding the Dimensions & Manifestations of Fear.”  

Awad, 20, said his experiences and success seem surreal given his background as a self-described “first-generation, queer, Arab immigrant, wannabe college student.” He credited his success to his mentors and “many kind souls at MSJC.” 

“I hope the past three years of my life can show how much you can change somebody’s life by investing in them and their story, and for that I’ll always be grateful,” Awad said.  

Lake Elsinore residents Eric Ellis, 35, and his wife, Carolyn Ellis, 38, celebrated a milestone as they crossed the stage together. Eric, a U.S. Marine Corps veteran with deployments to Iraq and Afghanistan, plans to become a social worker to support fellow veterans in their mental health journeys. 

Carolyn plans to transfer to Loma Linda University to become a surgical technician.  

“MSJC provided all the building blocks we needed to reach our goals and have meaningful careers,” Carolyn Ellis said. 

Jilema Silver, 44, of San Jacinto, said she was proud to graduate MSJC with her son, Cameron Britt, 23. Silver said she started pursuing a degree in business, but through her work at MSJC’s Veterans Resource Center, she decided to receive a second degree in psychology so she could help others. In addition, Silver served as the vice president of the Student Government Association, went to a conference in Washington, D.C. and learned how important it was to “speak up on matters.”  

“I love MSJC,” Silver said before the ceremony. “I love everything that it’s done for me, [and] the professors and I just grew as a person.” 

Silver is transferring to California State University, San Bernardino and said her son is already earning money with his degree in digital media, serving in a paid internship through the city of Menifee. 

Silver served as a student speaker during the morning graduation ceremony. She thanked her son for sharing in the journey, faculty for their support, and peers for becoming friends and companions.  

“As we step out into the world, let us do so with heads held high, knowing that the legacy of transformation we leave behind will continue to inspire and uplift others for generations to come,” Silver told the Class of 2024. “I leave you with these final words: Remember you can do anything and everything – except give up.” 

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