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Thursday, September 3, 2026Bay Area Market: Coverage updated daily

Will Newsom let immigrant college students without legal status work at their campuses?

It’s been a four-year battle to allow students without legal status to work at California’s public colleges. The Legislature passed another bill to allow this. Newsom vetoed it last time. What will he do now?

Fremont and Tri-City area homes
Curated News BriefBased on original reporting by CalMatters Housing (August 31, 2026). The summary below is the Journal’s; the local analysis is original commentary by Omar Murillo.

Look, I'm following a pretty significant story that CalMatters Housing is tracking, and I wanted to walk you through what's happening with immigrant students and campus employment in California. According to their reporting, the Legislature just passed another bill that would allow students without legal status to work at UC, Cal State, and community college campuses. This has been a battle going on for about four years now, and Governor Newsom vetoed a similar measure last time around, so we're all waiting to see what he does with this one.

The bill is built on a legal argument developed by scholars at UCLA who believe that a federal employment law from the 1980s doesn't actually apply to state agencies and employers. According to CalMatters, the theory goes that Congress never specifically listed states in the restrictions of that federal law, even though they did list states in other employment-related restrictions. The bill would take effect in January if the Governor signs it, and it would affect an estimated sixty thousand students without legal status enrolled across the California public higher education systems.

Here's the main tension that CalMatters lays out: University leaders and the Governor are genuinely worried about federal retaliation. The UC system receives billions annually in federal funding, and there's real concern that the Trump administration could threaten that support if the state moves forward with this policy. This fear actually led the UC system to drop its own review of this idea back in 2024, and the state's Department of Finance is recommending the Governor veto the current bill for the same reasons.

What makes this complicated, according to CalMatters, is that while a state appellate court has already ruled that UC's refusal to hire these students was legally indefensible, the court didn't actually validate whether the underlying legal theory about state employment is sound. The court even ordered UC to cover over half a million dollars in legal fees for the plaintiffs. Despite this court victory, there's also a question about whether the bill could even force UC to comply, since the state constitution has granted the university system substantial independence since 1879.

CalMatters notes that some students have found workarounds by forming limited liability companies or cooperatives, which allows them to operate as contractors rather than employees. But advocates emphasize that not every student knows about this option or has the resources to set it up. The supporters of this bill argue that students without legal status on campus aren't at greater risk of immigration enforcement, and they point to privacy laws that supposedly protect student information.

What I am seeing locally here in the Bay Area and across the East Bay is that this issue really matters to families who have immigrant students working their way through school. These students face real financial pressure without access to federal grants and loans, and many are already finding creative ways to contribute financially to their education. If this bill becomes law, it would at least remove the legal barriers that force resourceful students to operate in workarounds, and it could level the playing field for those who don't have the knowledge or capital to set up an LLC in the first place.