California Governor Vetoes Opportunity for All Bill

A recent study found that, in the University of California and California State University systems, the enrollment of undocumented students has decreased significantly in the last few years as the Deferred Action for Childhood Arrivals (DACA) policy has been slowly dismantled.   

A few weeks ago, California Governor Gavin Newsom's vetoed the Opportunity for All bill, which would have allowed California public universities to employ undocumented students. In vetoing the bill, the Governor cited concerns that state employees could be found in violation of federal laws for employing undocumented students.

The University of California Board of Regents share Newsom’s fear that offering jobs to undocumented students may violate federal law. Earlier this year, the Board "shelved a plan to open jobs to students who lack legal work authorization, saying UC could be subject to civil fines, criminal penalties and the potential loss of billions of dollars in federal funding.."

In a story ("In Newsom quashed bill. Now lawsuit aims to open UC jobs to undocumented students"), Clara Hunter for the Los Angeles Times reports that, in response to Governor Newsom's veto, a lawsuit has been filed alleging that the University of California (UC) is discriminating against students based on their immigration status. The suit seeks an injunction requiring the UC system to consider undocumented students for on-campus jobs.

The lawsuit argues that, although the Immigration Reform and Control Act of 1986 bars the employment of undocumented persons, the law does not apply to state employers such as the University of California. The lawsuit claims that the UC refusal to employ undocumented students violates the California’s Fair Employment and Housing Act, which prohibits discrimination in employment based on immigration status.

The lawsuit is being coordinated by the Opportunity4All campaign, which led the advocacy for the Opportunity for All Act.

[Cross-post from the ImmigrationProfBlog]

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