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Newsom vetoes bill that would let DACA students work at public universities

In another attempt to distance himself from the state's more progressive efforts, California Governor Gavin Newsom vetoed a bill that would have allowed undocumented students at public universities, such as those with the Deferred Action for Childhood Arrivals (DACA) program, to work on campus.

This is the second time this month that Governor Newsom has vetoed a bill that would have significantly expanded aid to undocumented immigrants. Earlier this month, the Democratic-backed Governor He vetoed a bill that would have allowed foreigners to borrow mortgages for the first time.

“California has a proud history of being at the forefront of expanding opportunity for undocumented students seeking to achieve their higher education dreams,” Governor Newsom's AB 2586 veto stated. “I am proud of these efforts, but unfortunately I cannot sign this bill at this time. Given the potential consequences of this bill, including criminal and possible civil liability for state employees, it is important that the courts consider the legality of such policies and the new legal theory behind this bill before moving forward.”

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California Governor Gavin Newsom, distancing himself from progressive initiatives, vetoed a bill that would have allowed undocumented students to work on campus, citing legal concerns. (Photo by Chip Somodevilla/Getty Images)

While undergraduate students in the UC system can receive financial aid, a federal judge closed applications for the DACA program in 2021. The program allows certain foreign nationals who were brought to the U.S. as children and meet certain criteria to be temporarily protected from deportation, meaning many students cannot find employment on campus.

Newsom, who campaigned for President Biden before he abandoned his reelection campaign, has previously supported other forms of aid to foreign nationals, such as providing health insurance to all Californians regardless of whether they have proof of citizenship.

University leaders and lobbyists also warned Democratic lawmakers about AB 2486, citing tricky legal contours that could expose workers to criminal prosecution.

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UCLA campus sign

The University of California, Los Angeles is located in the Westwood neighborhood of Los Angeles. (iStock)

“Unfortunately, AB 2586 does not protect undocumented students and employees from prosecution, nor does it protect universities from the risk of losing billions of dollars in federal funding,” UC Legislative Director Mario Guerrero said in a letter to the state Senate Appropriations Committee.

“We welcome working with the authors and state legislators on other legal options to assist these students,” the letter sent in July said.

UC leadership considered seeking declaratory relief to clarify whether it could hire students before proceeding. Activists reportedly opposed, fearing it would prevent students from being hired. Still, in his veto message, Gov. Newsom suggested the UC system had that legal option.

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Gavin Newsom

It's the second time this month that Gov. Gavin Newsom has rejected a bill that would have significantly expanded aid to undocumented immigrants. (AP Photo/Stephen Sene)

“Seek- ing declaratory relief in court, an option available to the University of California, would provide such clarity,” the veto resolution read.

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Illegal immigration is one of the main issues in the 2024 presidential election between Vice President Kamala Harris and former President Donald Trump.

The Biden-Harris administration is being blamed for the crisis at the southern border due to weak border policy and pro-illegal immigration rhetoric.

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