California could be first state to hire undocumented college students on campus under new bill

California would become the first state in the nation to employ undocumented college students without legal work permits, pending a signature from Gov. Gavin Newsom.

The landmark legislation, Assembly Bill 2586, passed the Legislature in a final 41-7 Assembly vote on Monday. The governor, who has not stated a position on the bill, has until the end of September to sign or veto it.

Newsom’s record on undocumented-centered legislation fluctuates. While the state has extended Medi-Cal to all age groups of the community under his administration, he has also vetoed bills to provide cash assistance to undocumented seniors and extend unemployment benefits. He repeatedly postponed the expansion of the food assistance benefits.

If signed, AB 2586 would direct the University of California, California State University and California Community Colleges systems to employ students who, due to their legal status, often struggle to secure paid on-campus jobs, internships and research opportunities. These institutions would have to begin hiring students by January 2025.

“California is leading on an issue that, unfortunately, the rest of the country is failing,” Assemblyman David Alvarez, D-San Diego, said on Monday following the bill’s passing.

Alvarez introduced the bill earlier this year after University of California leaders scrapped a plan to hire these undocumented students. UC leaders, many of whom are Newsom appointees, had cited legal concerns including loss of federal funding and the exposure of undocumented students and their families to prosecution and deportation.

A legal analysis developed last year by UCLA scholars counters that argument, saying there is no federal law prohibiting the UC from hiring undocumented students.

Under Alavrez’s bill, the University of California Board of Regents would still need to pass a resolution allowing the hires before moving forward with any action. In February, the San Diego lawmaker said that he expected the resolution to be passed.

An estimated 83,000 undocumented college students reside in California, according to data from the American Communities Survey. Many are ineligible for employment since new applications for Deferred Action for Childhood Arrivals were halted in 2021. This program provides work permits and protection from deportation to those brought to the United States as children.

“Young people, who all they know is their American life, should be integrated into our society,” Alvarez said on Monday. “That’s what this bill intends to — recognize that they are students. They’ve worked hard, they’ve committed themselves and they’re now prepared to work for us.”

The Bee’s Stephen Hobbs contributed to this story.