Undocumented Students Denied Campus Jobs: A Setback in the Fight for Equality
For three years, college students and scholars in California have been advocating for the financial and educational opportunities that campus jobs could provide for undocumented students. Their efforts, however, came to a disappointing end on Sunday with the gubernatorial veto of Assembly Bill 2586.Empowering Undocumented Students: A Moral Imperative
The Heartbreak of a Missed Opportunity
The reaction from the Undocumented Student-Led Network, the group behind the "Opportunity for All" campaign, was one of profound sadness and concern. Jeffry Umaña Muñoz, a graduate student at California State University, Los Angeles and an organizer with the network, described the immediate aftermath as a time of "heartbreak and fear and grief." Dozens of college students gathered in Zoom meetings on Sunday night to console one another, as they grappled with the reality that their hard-fought efforts had been thwarted.For many of these students, the ability to secure campus jobs was not just a matter of financial necessity, but also a crucial component of their academic and professional development. Graduate school work often includes paid research opportunities within a student's field of study, providing essential experience and much-needed funds to cover the costs of tuition, food, rent, and transportation. The loss of these opportunities is a significant setback for undocumented students like Umaña Muñoz, who do not have the authorization to live in the U.S. and do not qualify for the Deferred Action for Childhood Arrivals (DACA) program.A Legal Quagmire and the Governor's Hesitation
The crux of the issue lies in the interpretation of the 1986 federal Immigration Reform and Control Act (IRCA), which compels private employers to verify the work authorization of their employees. Legal scholars at UCLA, Stanford University, and other prominent law schools argue that there is no language in the law that requires state employers to follow this mandate. However, Governor Gavin Newsom, in his veto statement, expressed concerns about the potential legal consequences for state employees, stating that "it is critical that the courts address the legality of such a policy and the novel legal theory behind this legislation before proceeding."Newsom's hesitation to sign the bill echoed the strong opposition voiced earlier by University of California President Michael Drake. The governor acknowledged the efforts of previous elected leaders to open up opportunities for undocumented students, such as the 2001 state law that allows them to pay in-state college tuition. However, he ultimately decided not to take a stance on the campus jobs proposal, citing the need for a legal review before proceeding.Undaunted Determination: The Fight Continues
Despite the setback, the Undocumented Student-Led Network and its supporters remain undeterred. Ahilan Arulanantham, a professor of immigration law at UCLA who has been working with the students, believes that the "moral case for supporting them is so compelling" and that the students "just really believed that the governor would do the right thing."The student activists estimate that around 5,000 students across California's higher education system participated in the campaign, with approximately 150 organizing on various campuses. They view this effort as more than just a policy change; it's a fight for a basic human right – the right to dignified labor. As Umaña Muñoz stated, "Students also did express this commitment to what we were fighting for, this idea that we're fighting for a basic human right, the right to dignified labor. I think undocumented youth are tired of being told to wait."The fight is far from over. Newsom's veto suggested that the University of California leaders could take the initiative and seek a legal review of the proposal's legality, while Assemblymember David Alvarez, the author of the vetoed bill, has vowed to reintroduce the legislation. The Undocumented Student-Led Network and its allies remain steadfast in their commitment to securing equal opportunities for undocumented students, recognizing that this is a crucial step towards a more inclusive and just society.