California Assembly Bill 2586 (“Opportunity for All Act”)

Prohibits the University of California (UC), California State University (CSU), or California Community College (CCC) from disqualifying a student from being hired for an employment position due to their failure to provide proof of federal work authorization, except where that proof is required by federal law or where that proof is required as a condition of a grant that funds the particular employment position for which the student has applied.

Background.

The state has demonstrated a commitment to undocumented students by qualifying them for state aid programs that help make college more attainable. AB 540 (Firebaugh), Chapter 814, Statutes of 2001, and successor legislation has created a nonresident tuition exemption for certain students, including undocumented students, from paying nonresident tuition (higher than resident tuition) and/or allows them to apply and receive state aid at certain California public and private colleges. Since the enactment of AB 540, several legislative measures have modified or expanded eligibility for the exemption from nonresident tuition in order to better accommodate the diverse student population.

Existing employment challenges.

On June 15, 2012, the U.S. Department of Homeland Security (DHS) announced that it would not deport certain undocumented youth who came to the United States as children. Under a directive from the DHS secretary, these youth may be granted a type of temporary permission to stay in the U.S. called "deferred action." This program became called Deferred Action for Childhood Arrivals (DACA).

In September of 2017 DACA was rescinded, a decision that placed millions of Californians at risk of losing their protection from deportation and work authorization that allowed them to be employed. Since the rescinding of the program several federal courts have provided rulings that have allowed current DACA recipients to continue to enroll in the program, however one of the federal court cases is currently pending at the Fifth Circuit Court of Appeals.

These rulings have impacted current students, where multiple incoming classes have entered that are ineligible to receive DACA and work authorization. These students have limited access to career-relevant and sustainable work opportunities during college and after graduation. Additionally, many of these students do not qualify for critical safety net programs like CalFresh.

Segmental concerns.

The UC does not have a position on AB 2586, but did send a letter of concern. In their letter they identified numerous potential issues that could come with hiring undocumented students. These include:

1) The exposure of UC's undocumented students and their families to the possibility of criminal prosecution or deportation;
2) The possibility of employees involved in the hiring process like faculty, human resources, and legal professionals being subject to criminal or civil prosecution if they knowingly participate in practices deemed impermissible under federal law;
3) Civil fines, criminal penalties, or debarment from federal contracting if the UC is in violation of the Immigration Reform and Control Act (IRCA); and
4) The potential loss of billions of dollars in existing federal contracts and grants that are conditional on IRCA compliance

"In short, when Congress passed IRCA, Congress did not curtail states' historic power to determine the employment qualifications of state employees. As a result, IRCA's prohibition on hiring undocumented persons does not bind state government entities. State entities can lawfully hire undocumented students irrespective of employment authorization status under federal law.
And as the U.S. Supreme Court recognized long ago, California law provides definitively that the UC system is part of the State of California."