Governor Gavin Newsom has vetoed a bill that would have let undocumented students across the University of California, California State University, and California Community College systems work on campus. The decision affects undocumented students throughout the Monterey Bay region.
Maricruz Marquez Alvarado first spoke to KAZU in January for a story about two new state laws that make it easier for undocumented college students to receive financial aid. She’s now a senior at CSU Monterey Bay.
Marquez Alvarado, who has Deferred Action for Childhood Arrivals (DACA) status, had been following AB 2586, nicknamed the Opportunity for All Act, since she first heard about it at a conference earlier this year. Although DACA allows Marquez Alvarado to work legally, she knows other undocumented students without that option.
“I knew that it [would] give opportunity for all undocumented students to have an opportunity to work on campus,” Marquez Alvarado said. “So I thought, oh, that's a great idea.”
As she watched the bill work its way through the legislature, she became hopeful. So when Newsom vetoed it, her first thought was, “the system failed again on us.”
Over time, California has steadily made it easier for undocumented residents to pursue higher education. But, as several have told KAZU, that’s not enough. Without legal work authorization, many students can’t afford college.
“Common practice here in Monterey County is working in the fields — picking strawberries, lettuce — and maybe try to find a night class and continue their education,” Marquez Alvarado said. “So it's kind of having two identities. Because they do not allow you to be one.”
In his veto statement last Sunday, Newsom touted the state’s efforts to expand college access for undocumented students. But ultimately, he said he couldn’t sign the bill because he’s concerned it would violate federal law and expose state employees to legal liability.
“It is critical that the courts address the legality of such a policy and the novel legal theory behind this legislation before proceeding,” Newsom wrote in the letter. “Seeking declaratory relief in court — an option available to the University of California — would provide such clarity.”
But supporters of the bill say state law would shield employees. CalMatters reports UCLA legal scholar Ahilan Arulanantham said no one has “ever been prosecuted under federal law for doing what state law required them to do.”
