Inside Higher Ed carries a story about declining UC enrollment of undocumented students:
The number of undocumented, low-income students newly enrolling at University of California and California State University campuses has fallen by half since the 2016–17 academic year, according to a new study from the University of California Civil Rights Project at UCLA and the UC Davis School of Law.
The study’s authors connect this downward trend to a national issue—what they call the “slow strangulation” of the Deferred Action for Childhood Arrivals (DACA) program, which protects people from deportation and authorizes them to work in the country legally if they were brought to the U.S. as children without authorization. But due to legal setbacks, political challenges and the requirement that recipients of the Obama-era program must have arrived in the U.S. before 2007, it’s inaccessible to most high school students today...
Full story at https://www.insidehighered.com/news/students/diversity/2024/09/23/losses-undocumented-students-uc-csu-systems. The underlying study is at:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4955086.
The study deals with the legal issues surrounding the push to have UC make undocumented students eligible for university employment. As blog readers will know, the Regents initially looked into the issue but then abandoned it citing legal liability and a threat to federal funding. A bill related to this matter was passed by the legislature but was vetoed by the governor. From the LA Times:
Gov. Gavin Newsom vetoed a bill Sunday that would have directed the University of California, California State University and state community colleges to hire undocumented students for campus jobs — his second veto of legislation aimed at expanding aid to those who are not living in California legally.
The action crushed the hopes of tens of thousands of students who were brought illegally to the United States as children and have not been able to obtain work permits to help finance their educations or qualify for research and teaching jobs critical to their academic programs. An estimated 55,000 undocumented students in those straits attend California public colleges and universities; the state is home to a fifth of the nation’s undocumented college students.
Despite California’s “proud history” of expanding educational opportunities for undocumented students, Newsom said he was vetoing Assembly Bill 2586 because of legal risks to state employees who could be deemed in violation of federal laws against hiring undocumented people.
“Given the gravity of the potential consequences of this bill, which include potential criminal and civil liability for state employees, it is critical that the courts address the legality of such a policy and the novel legal theory behind this legislation before proceeding,” he said in his veto message...
Below is the veto message. When the governor vetoes, he never says the word. He just says he is returning the bill without his signature.
To the Members of the California State Assembly:
I om returning Assembly Bill 2586 without my signature.
This bill prohibits California public universities from disqualifying a student from employment due to their failure to provide proof of federal employment authorization.
California has a proud history of being at the forefront of expanding opportunities for undocumented students who seek to realize their higher education dreams. Including immigrant students in opportunities to succeed through higher education is also important for local communities and California's economy. Since 2001, when the California DREAM Act (AB 540) was signed into law, the state has continually broadened access to financial aid opportunities and other supports for students who call California home, regardless of their immigration status.
While I am proud of these efforts, I am unfortunately unable to sign this legislation at this time. Given the gravity of the potential consequences of this bill, which include potential criminal and civil liability for state employees, it is critical that the courts address the legality of such a policy and the novel legal theory behind this legislation before proceeding. Seeking declaratory relief in court - an option available to the University of California - would provide such clarity.
For this reason, I cannot sign this bill.
Sincerely,
Gavin Newsom
Note that the governor - an ex officio Regent - has put the onus on UC to seek "declaratory relief." Whether that triggers some action by UC remains to be seen.
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