The Brief

Last month, California lawmakers passed a bill that would have opened jobs in the state’s higher education institutions to students who are undocumented. Then, earlier this month, Gov. Gavin Newsom vetoed that bill, in part because he said the legal liabilities were too high.

But left the door open for reconsideration, saying that the courts could vouch for its legality.

In the campaign to open up those jobs, the issue is whether state agencies have to follow a 1986 federal law that compels federal and private employers to confirm employees’ authorization to work in the U.S.

Some legal advocates say there is no language in the law compelling state employers to follow that edict.

Newsom wrote in his Sept. 22 veto statement that he wants the legal theory tested:

The veto of the proposed law may prove to be the final nail on the coffin of the movement. But advocates of the policy said Newsom is leaving an opening.

“I don't believe that the governor is shutting the door on it. He is saying that he wants a court to bless the legal interpretation underlying it before moving forward,” said Ahilan Arulanantham, a professor of immigration law at UCLA who is one of the bill’s most prominent advocates.

That idea puzzles other legal scholars, however. They say Newsom’s suggestion that the University of California go to the courts — to seek a judgment known as “declaratory relief” — would require a law or policy to be in place; and they say that’s not the case here.

What is declaratory relief?

Declaratory relief has been part of the federal legal system since the first half of the 20th century.

Some call it “preventive justice” because a party seeking declaratory relief wants a court to rule on the legality of a law or policy before it’s challenged.

“Declaratory relief is kind of a… rare thing to do,” said Dan Croxall, a professor at the University of the Pacific McGeorge School of Law.

He’s talking about a common shape civil cases take: one party alleges that a law or policy caused some kind of harm that’s already happened.

“Declaratory relief allows a party to go to a court if there's a threat of future litigation, and say, ‘we're not sure or not clear what our rights are here or what our obligations are here,’” Croxall said.

Is Newsom’s suggestion legally sound?

The U.S. Justice Department says declaratory relief is not available to resolve problems that are “hypothetical, academic, or theoretical.”

“What is perplexing to me is, I don't understand how, in the absence of either a state law or a firm university-wide policy, how you can get a declaratory relief or some sort of advice from a state court as to the legality of such a policy,” said Deep Gulasekaram, a professor of constitutional law and immigration law at the University of Colorado.

The University of California regents have so far declined to pass such a policy.

Asking the courts to rule on a controversy where there is no law or policy adopted yet amounts to seeking an advisory opinion from the courts. Croxall said federal and state courts do not do that.

“It would be really nice to be able to go to a federal judge and say, ‘Hey, can I do this?’ And they would basically be giving you legal advice,” Croxall said.

LAist asked Newsom's office to address skepticism that declaratory relief is an option. A spokesman replied: "The veto message speaks for itself."

In response to a request to clarify declaratory relief as it was described in the Governor’s veto message, a spokesperson for the Judicial Council of California, the policymaking body for the California courts, said the council is “prohibited from providing legal interpretation on such matters.”

The L.A. County Bar Association and the Orange County Bar Association did not reply to a similar request.

What happens next?

Newsom's veto has already received pushback.

Assemblymember David Alvarez, the author of the vetoed bill, has said he will re-introduce it in the next legislative session, while the activists who have been pushing for the change criticized the veto hours after it was issued.

“It felt to me like [Governor Newsom] was passing the buck,” said Arulanantham, the UCLA professor. “Because you don't actually need to test this in court. If California passes a law that says that the universities have to allow their undocumented students to fully participate in the university, then they can do that."

The bill's timeline

Thousands more students joined walkouts Friday to protest the Trump administration’s militarized crackdown on immigrants, detainment of children and violence against U.S. citizens protesting the raids.

By mid-afternoon, nearly 12,500 students from more than 85 schools in the Los Angeles Unified School District had walked out, according to a district spokesperson. Hundreds of students in other districts — from Pasadena and the greater San Gabriel Valley to Orange County — also marched in their communities.

At Olive Vista Middle School in Sylmar, about 100 students—some as young as 11—walked out of their science, English, and math classes, then walked to a nearby park.

For many students, Friday’s walkout marks the first time they’ve ever participated in a protest. And after months of watching federal immigration agents violently detain people on social media, the students told LAist that protesting — on behalf of their communities and in honor of Renee Good and Alex Pretti — filled them with a sense of freedom and power.

Isaac, a seventh grader, walked out of science class.

“This felt like I was breaking out of some sort of chamber,” he told LAist. “I felt like I was being free for once.”

Many of the 12-year-old’s family members are from Mexico and he’s been worried about what could happen if they’re detained.

“I'm standing up for my family and my friends, our community, really,” he said. “The most we [can] do is what we're doing right now.”

After months of being scared every time his parents go to work, Isaac said the protest was a type of salve.

“It makes us feel better,” he said. “It makes us stronger.”

M, right, is a sixth grader at Olive Vista and organized the school's walkout.

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How to organize a middle school

A few weeks ago, M, an 11-year-old sixth grader at Olive Vista Middle School, asked her mom, Maritza Ocegueda, why students in Minnesota and elsewhere were walking out of school. LAist has agreed to refer to her solely by her first initial, after her mom raised concerns for her safety.

Ocegueda shared with her daughter that she walked out of Van Nuys High School as a junior in 2006 to protest proposed federal immigration legislation. Nearly 40,000 students from across Southern California joined the movement.

“ I was floored,” Ocegueda said. “It inspires me and gives me that little bit of hope… Maybe we can make a change.”

M decided to organize a walkout at her school concurrently with other students in the community. 

She made several lunchtime announcements about a walkout on Friday, Feb. 6 at 10:24 a.m.

“If you'd like to join, please come over here and if you have any questions, just ask me.”

Those announcements did not come easily to M, who is soft spoken and admittedly shy. “ I try to be the bravest I can,” she said. “ I want [my classmates] to understand how serious this [is] … [The federal government is not] letting people be themselves, like, they can't go to Home Depot without feeling unsafe.”

M, and several other students said some teachers and administrators discouraged their organizing. M said at one point she was pulled out of class for more than an hour to talk about the walkout.

“ One of the things I told the school [is] you dropped the ball because this is a learning moment,” Ocegueda said. However, she said she’s open to more conversations with school and district leaders on how to support students.

Maritza Ocegueda's daughter M organized Olive Vista Middle School's walkout. She said she's active in the community passing out food and clothes to unhoused neighbors and helping other people connect with resources.

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A Los Angeles Unified School District spokesperson provided a statement that said students were informed that walkouts are not school-sponsored, there are spaces on campus for students to exercise their freedom of speech and that they would be marked absent for missed class periods. A similar message was posted to the school’s Facebook page Thursday afternoon.

“Administrators routinely meet with students to share safety information and clarify options for on-campus expression—not to threaten or discipline,” the statement read. “Leaving campus during instructional time without permission is discouraged; that message is about safety and supervision, not suppressing speech.”

M said that other teachers were more supportive and helped her spread the word about the walkout to other students.

“ What I've learned is students should not have to come protest 'cause that's what the adults should be doing,” M said. “Adults should know better to help out the community and students should not have to come out.”

Honks of support 

By mid-morning, students began to trickle out of Olive Vista.

As students joined the group of young activists, those already outside cheered and passing cars honked their horns in support. One SUV had a Mexican flag poking out of the sunroof.

Out by the curb, some of their parents, including M’s mom, were waiting. The adults encouraged the students to stick together and made sure the group waited for the light to turn before crossing the street to Sylmar Park.

" What's in my heart is that my parents are Mexican and I wanna support," said Jayden, an Olive Vista 6th grader.

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Once they gathered, the middle schoolers marched to a nearby park, carrying homemade signs and flags of Latin America.

One student turned to a friend and nervously quipped: “I just really hope we don’t get shot or tear gassed.”

‘They don't understand how much we love our parents.’

In conversation with LAist, multiple students said they live in fear of being separated from their families. They also worry that their parents could be mistreated if they are detained by federal agents.

Eleven-year-old Alejandro, for instance, usually goes to Sylmar Park to play baseball. Today, he said, he went to the protest to honor his mom and dad, Mexican immigrants from the states of Michoacán and Jalisco.

To critics who think he should have stayed in class, he said: “They don't understand how much we love our parents.”

“I just don't like how Donald Trump is calling us ‘animals,’ when we're the ones working our asses off to live paycheck to paycheck, while he's up there sitting in his chair throwing out orders at Kristi Noem,” said eighth-grader Jesús, referring to the Secretary of Homeland Security.

The 13-year-old had his family and his neighbors in mind during the protest, along with 5-year-old Liam Conejo Ramos, whose deportation the federal government is working to expedite.

“The little boy who was captured with his little bunny hat, he was captured and he was sent to prison,” Jesús noted. “And that's just crazy, because how are you going to let a little kid inside a prison?”

The federal immigration activity in the San Fernando Valley has also left him feeling nervous, even when he is on campus. “I'm trying to study and then I just get reminded: maybe there's somebody waiting outside to take us.”

Sixth grader Sophia’ said she walked out for her grandmother who’s from Mexico. "I wanna represent our people and show that we aren't bad," Sophia said. "We are actually, like, a great community."

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As the students chanted and waved their signs, adults passed out snacks, water and pizza purchased with money donated from the community.

“They're here with clear intentions and they're here for a purpose,” said Michelle, the parent of another young protestor who requested LAist only use her first name. “I’m just proud of them.”

M, the organizer, said she wouldn’t have used that term to describe herself before the protest.

“Now that I'm looking at myself, I do see myself as a helper,” M said. She plans to continue helping her community, for example by distributing food and clothes to unhoused neighbors.

And she has some advice for any aspiring student organizers.

“ I was a shy kid, so I want them to be brave and speak up,” M said.

She said she planned to finish up the day at school after she ate.

Topline:

Why it matters: King Taco helped establish the template for the modern L.A. taqueria — shifting the city's understanding of tacos from the hard-shell, Americanized version to soft tortillas filled with carne asada, carnitas and tacos al pastor. As the late food critic Jonathan Gold noted, King Taco "solidified what we all think of as the modern Los Angeles taco sensibility."

Why now: The nomination comes as part of the city's ongoing effort to recognize Latino cultural landmarks.

The backstory: Founder Raul Martinez launched King Taco from a converted ice cream truck in 1974, eventually opening the Cypress Park brick-and-mortar location that became the chain's flagship. The business grew to 24 locations across Southern California, becoming a model for immigrant entrepreneurship and establishing key Mexican dishes like tacos al pastor and carnitas as L.A. staples.

What's next: The Cultural Heritage Commission will determine whether King Taco's original location retains sufficient historic integrity and continues to convey its cultural significance. If approved, King Taco would become one of the few designated restaurant landmarks recognizing Latino culinary contributions.

President Donald Trump's harsh immigration tactics are taking a political hit as new polls show a majority of Americans feel federal agents have "gone too far" in enforcing immigration laws.

It's not just Democrats who are concerned, but also independent voters who are expected to play a major role in the upcoming midterm elections.

"The base loves it, but it's an issue for the independent voters who decide elections in this country," said Alex Conant, a veteran Republican strategist. "Independents want a strong border and they want to deport criminals, but they're really uneasy with having masked federal agents going around in neighborhoods, deporting anyone that they see — as the Democrats are portraying it."

After months of aggressive enforcement, Trump's signature issue that twice got him elected is now turning into a liability ahead of this year's midterm elections.

The outcry over what many saw as militant tactics hit a fever pitch after the second fatal shooting of a U.S. citizen by immigration officers in Minnesota.

A new NPR/Marist poll shows that six in 10 Americans disapprove of the job federal immigration agents are doing.

Even typically loyal Republican supporters have called on the Trump administration to make changes and rebuild trust with law enforcement.

"They, being the White House, need to recalibrate on what needs to be done to make sure that that respect is going to be re-instilled," Texas Gov. Greg Abbott told conservative radio host Mark Davis.

Trump shook up the leadership of the Minneapolis operation, and directed his team to withdraw 700 federal officers.

"I learned that, maybe we can use a little bit of a softer touch," Trump said in an interview with NBC's Tom Llamas. "But you still have to be tough. We're dealing with really hard criminals."

It's a bit unclear what a "softer touch" actually means.

Press Secretary Karoline Leavitt largely defended the administration's enforcement efforts Thursday and pointed to different polling — from a Harvard/Harris survey — that she said showed support for their "deportation agenda."

"Nearly eight in 10 Americans say criminal illegal aliens should be deported," she said. "A solid majority also support deporting all illegal aliens, regardless of additional crimes."

She also said the administration is now prioritizing criminals who are in the country illegally.

Theresa Cardinal Brown, who worked on immigration policy under two presidents George W. Bush and Barack Obama, said there may be an "operational pause" as the administration retools its efforts, both from a policy standpoint and a public relations standpoint.

"Operationally, you're not really thinking about politics as you're putting together an operation, said Brown, now a member of the Council on National Security and Immigration. "But politics comes into everything, right?"

She points to the announcement that body cameras would be deployed to federal immigration officers in Minneapolis, noting that while video can uncover when officers are doing something wrong, body cameras can also vindicate officers when they have done the right thing.

"I do think that probably the administration is thinking, 'Well, if we had body cam footage of our own, we could put our own perspective on it,' " she said.

Trump has a big incentive to get a handle on this crisis — and to do so quickly.

Conant, who previously worked on Marco Rubio's 2016 presidential campaign, said Trump has left an opening for Democrats to sound more reasonable on immigration ahead of the midterms.

"If he loses the immigration issue as a political winner, it's a real political problem," Conant said, "not just for Trump, but Republicans more broadly."

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