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Newsom vetoes bill that would have granted priority college admission for descendants of slavery

Gov. Gavin Newsom on Monday vetoed legislation that would have allowed public and private colleges to provide preferential admissions to applicants directly descended from individuals who were enslaved in the United States before 1900.

The governor thanked the bill’s author for his commitment to addressing disparities and urged educational institutions to review and determine “how, when, and if this type of preference can be adopted.”

“This bill clarifies, to the extent permitted by federal law, that California public and private postsecondary educational institutions may consider providing a preference in admissions to an applicant who is a descendant of slavery,” Newsom wrote Monday in his veto. “These institutions already have the authority to determine whether to provide admissions preferences like this one, and accordingly, this bill is unnecessary.”

The legislation would not have required applicants to belong to any particular race or ethnicity — a crucial detail that proponents said distinguished it from affirmative action, which is banned at California colleges. Critics, however, argued the term “slave” was used as a proxy for race.

Legal experts told The Times last month the measure probably would have faced challenges in court if the governor signed it into law.

“The question with this sort of provision is does this count as on the basis of race?” said Ralph Richard Banks, professor at Stanford Law School and the founder and faculty director of the Stanford Center for Racial Justice. “A secondary issue is going to be whether, even if it is not formally about racial classification, was it really adopted to get around the no-racial-classification rule? The law prohibits indirect methods of doing something that would be prohibited if you were to do it directly.”

Race-based college admissions are banned by federal and state law.

Proposition 209, which California voters approved nearly three decades ago, amended the state Constitution to bar colleges from considering race, sex, national origin or ethnicity during admissions. The U.S. Supreme Court in 2023 in effect ended race-conscious college admissions nationwide, ruling in Students for Fair Admissions vs. Harvard that such policies violate the equal protection clause of the 14th Amendment.

California became the first state government in the country to study reparations, efforts to remedy the lingering effects of slavery and systemic racism, after the 2020 killing of George Floyd by a Minneapolis police officer sparked a national conversation on racial justice.

Newsom and state lawmakers passed a law to create a “first in the nation” task force to study and propose effective ways to help atone for the legacy of slavery. That panel spent years working on a 1,080-page report on the effects of slavery and the discriminatory policies sanctioned by the government after slavery was abolished, and the findings became the genesis for a slate of legislation proposed by the California Legislative Black Caucus.

Last week, Newsom signed Senate Bill 518, which will create a new office called the Bureau for Descendants of American Slavery. That bureau will create a process to determine whether someone is the descendant of a slave and to certify someone’s claim to help them access benefits.

Assemblymember Isaac Bryan (D-Los Angeles), who introduced Assembly Bill 7, said his legislation would have allowed colleges to grant preference to the descendants of enslaved people in order to rectify a “legacy of exclusion, of harm.”

Andrew Quinio, an attorney specializing in equality issues for the Pacific Legal Foundation, believes AB 7 was blatantly unconstitutional. The foundation is a conservative public interest law firm that seeks to prevent government overreach.

“This was a bill that was born out of the Reparations Task Force recommendations; it was part of the package of bills of the Road to Repair from the California Legislative Black Caucus so this has a very clear racial intent and racial purpose and it will have a racial effect,” he said. “[Legislation] doesn’t have to benefit the entirety or even the majority of a demographic in order for it to be unlawfully based on race.”

Lisa Holder, a civil rights attorney and president of the Equal Justice Society, a progressive nonprofit that works to protect policies that promote diversity, argued the measure’s framing made it highly likely to satisfy legal challenges.

“This (legislation) is very specifically tailored to correct the harms that we have seen, the harms from the past that continue into the present,” she said. “… Because this bill seeks to erase those harms by focusing specifically on the descendant community, it is strong enough to establish a compelling interest.”

Gary Orfield, a law and education professor and co-founder of the Civil Rights Project/Proyecto Derechos Civiles at UCLA, agreed the legislation was carefully written in a way that could have withstood legal challenges. He pointed out California allows university programs that support Native American students because they were narrowly tailored to focus on tribal affiliation — which is considered a political classification — instead of race or ethnicity.

Orfield said applicants of various races could have potentially benefited from the new admissions policy, as many Native Americans were enslaved and Asiatic coolieism, or Asian indentured servitude, was declared a form of human slavery in the state constitution in 1879.

“All Black people weren’t slaves and all slaves were not Black,” he said. “I think there is a good argument to say that slavery isn’t defined strictly by race and is not just a proxy for race and there certainly is a legitimate concern when you are thinking about remediation for historic violations.”

Orfield, however, said convincing the public was a different matter.

“I don’t think all people will easily understand this,” he said. “Americans tend to think that discrimination doesn’t cross over multiple generations. But I think that it does — I think there has been a long-lasting effect.”

Staff writer Melody Gutierrez contributed to this report.

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Trump wants to hire 10,000 new ICE agents. Is that goal doable?

President Trump says he wants to hire 10,000 new U.S. Immigration and Customs Enforcement officers and 3,000 new Border Patrol agents, but experts and the history of law enforcement hiring sprees suggest the process could be challenging, lengthy and possibly result in problematic hires.

The massive funding bill signed into law this month by Trump earmarks about $170 billion for border and immigration enforcement, including tens of billions for new deportation agents and other personnel. Department of Homeland Security Assistant Secretary Tricia McLaughlin, in a statement to The Times, said that the agency will deliver on the president’s hiring directive.

“In June, our 2025 Career Expo successfully recruited 3,000 candidates and generated 1,000 tentative job offers — nearly double the 564 from 2023,” she wrote. “Our recruitment strategy includes targeted outreach, thorough vetting and partnerships with state and local law enforcement.”

During his first term, when Trump called for ICE and U.S. Customs and Border Protection to hire 15,000 people collectively, a July 2017 report by the Homeland Security inspector general found significant setbacks.

“Although DHS has established plans and initiated actions to begin an aggressive hiring surge, in recent years the Department and its components have encountered notable difficulties related to long hire times, proper allocation of staff, and the supply of human resources,” the report states.

The independent watchdog concluded that to meet the goal of 10,000 new immigration officers, ICE would need more than 500,000 applicants. For CBP to hire 5,000 new agents, it would need 750,000 applicants.

It doesn’t appear either goal was met. In 2017, ICE hired 371 deportation officers from more than 11,000 applications and took 173 days on average to finalize hires, the news outlet Government Executive reported. And Cronkite News reported that when Trump left office in 2021, Border Patrol had shrunk by more than 1,000 agents.

“The mere mechanics of hiring that many people is challenging and takes time,” said John Pfaff, a law professor at Fordham University who studies U.S. incarceration and has researched the hiring challenges ICE faces.

When the initial version of the funding bill passed the House of Representatives, it laid out a target of at least 10,000 ICE officers, agents and support staff, specifying a minimum of 2,500 people in fiscal year 2025 and 1,875 people in each subsequent year through 2029.

The legislation didn’t outline specific hiring goals for Customs and Border Protection, the parent agency of Border Patrol, though Homeland Security said that, in addition to the 3,000 Border Patrol agents, the funding will also support the hiring of 3,000 more customs officers at ports of entry.

The Senate modified the bill and on final passage, the law removed those hiring specifics, meaning ICE can use the funding for a variety of purposes. ICE has more than 20,000 law enforcement and support personnel. CBP has 60,000 employees, including about 19,000 Border Patrol agents.

Studies on accelerated hiring efforts have found that, in some cases, contracts were poorly managed. Ten months into a 2018 contract with the professional services firm Accenture, by which point CBP had paid $13.6 million, the inspector general found that just two people had accepted job offers.

Residents confront ICE agents and Border Patrol agents as residents scream

Residents confront ICE agents and Border Patrol agents over their presence in their neighborhood on Atlantic Boulevard in the city of Bell on June 20.

(Genaro Molina/Los Angeles Times)

Hiring thousands of employees would be an even bigger lift today, Pfaff said.

He pointed to the fact that since 2020, police departments nationwide have also struggled to recruit and retain officers. Immigration officer pay is lower than rookie salaries at big-city law enforcement agencies, such as the New York Police Department.

A job posting for a deportation officer offers a salary range of about $50,000 to $90,000. Pfaff compared that with NYPD, where officer salaries start at just over $60,000 and rise to more than $125,000 in less than six years.

Another recruitment push resulted in a wave of high-profile corruption cases.

During a Border Patrol hiring spree from 2006 to 2009, standards for hiring and training were lowered, about 8,000 agents were brought on. The Associated Press reported that the number of employees arrested for misconduct — such as civil rights violations or off-duty crimes like domestic violence — grew yearly between 2007 and 2012, reaching 336, or a 44% increase. More than 100 employees were arrested or charged with corruption, including taking bribes to smuggle drugs or people.

A 2015 report from an internal audit by a CBP advisory council said that “arrests for corruption of CBP personnel far exceed, on a per capita basis, such arrests at other federal law enforcement agencies.”

Josiah Heyman, an anthropology professor who directs the University of Texas at El Paso’s Center of Inter-American and Border Studies, studied the mid-2000s hiring spree. He said smuggling organizations have only gotten more sophisticated since then, as have security measures, so it’s more valuable for smugglers to “buy someone off” instead of attempting to bring in people or drugs undetected.

Beyond corruption, Heyman said he worries the drive to quickly increase Homeland Security staffing could lead to Americans being deported, as well as an increase of assault and abuse cases and deaths of detainees.

Getting 10,000 [new employees] means basically hiring the people who walk in the door because you’re trying to hit your quota,” he said. “Rapid, mass-hiring lends itself to mistakes and cutting corners.”

The recruitment issues at Border Patrol led to reforms, such as the Anti-Border Corruption Act of 2010, which included mandatory polygraph testing for job applicants (though that requirement was not implemented for ICE applicants). The polygraph tests revealed some applicants had concerning backgrounds, including some believed to have links to organized crime.

The reforms also slowed hiring as two-thirds of Border Patrol applicants began failing the polygraph exam by 2017, the Associated Press reported.

If the government is not able to hit its hiring goals, it might turn to contractors, the U.S. military and local law enforcement to help carry out Trump’s aggressive crackdown on immigration. It is likely to continue its expansion of the 287(g) program, which deputizes local law enforcement to function as deportation agents. Homeland Security said the new budget will fully fund the 287(g) program.

Pfaff said that while using local police to make immigration arrests could help in the short term, many major cities and states, including California, have already banned the agreements or limited cooperation with ICE. Still, ProPublica reported that more than 500 law enforcement agencies have signed 287(g) agreements since January.

Jason Houser, who was ICE’s chief of staff under the Biden administration, said training new hires takes about a year and that classes are typically capped at 50 students.

Houser said another short-term workaround for permanent staff could be the use of contractors.

Most immigrant detainees are held in facilities that are run by private prison companies, including the Florida-based GEO Group and Tennessee-based CoreCivic.

But those companies have a limited inventory of detention space. CBP could also use its funding to erect soft-sided, temporary facilities on military bases within the 100 miles of the U.S. boundary, in which CBP has authority to conduct immigration checkpoints and other enhanced enforcement activities.

Houser said temporary facilities could be set up by October, and they could be staffed with National Guard or U.S. military personnel in administrative, nursing, food and sanitation roles.

Federal law generally prohibits the military from arresting civilians. But Homeland Security officials have said military personnel have the authority to temporarily detain anyone who attacks an immigration agent until law enforcement can arrest them.

But Houser worries that placing young service members, who aren’t trained to conduct civil detention, in charge of those facilities will lead to people getting hurt. He also worries that without other countries agreeing to accept more deportees, the number of immigrants detained for months could quickly balloon.

As of June 29, there were nearly 58,000 immigrants held in detention, according to TRAC, a nonpartisan data research organization. That’s far beyond the congressionally approved 41,500 detention beds this fiscal year.

“This is 9/11-style money,” Houser said. “Think about the money in counterterrorism post-9/11. It turns the entire apparatus toward this goal. Everything in government is going to turn to where the money is, and that’s the scary piece to me.”

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Getty-led L.A. Arts Community Fire Relief Fund gives first grants

Seven weeks after fires laid waste to neighborhoods in the Pacific Palisades and Altadena, the L.A. Arts Community Fire Relief Fund has given $14.3 million to more than 1,700 artists and arts workers affected by the disasters.

Applicants approved for a grant from the Getty-lef relief fund were to be notified Tuesday afternoon. All applicants who lost a home (with or without insurance) as well as all those who lost an uninsured studio or work space were given the full amount they requested, up to $10,000 each.

Eighty-five percent of applicants registered as artists, and 15% identified themselves as arts workers. The program defines arts workers broadly and includes those working for commercial or nonprofit arts organizations in a wide range of jobs, including administration, education, security, food service and groundskeeping, Seventy-eight percent of recipients experienced loss from the Eaton fire centered in Altadena, 22% from the Palisades fire.

The fund is managed and administered by the Center for Cultural Innovation, a nonprofit that since 2001 has helped artists secure financial stability. One of the organization’s primary goals is to provide relief quickly.

“Understanding how severely our cultural community has been impacted by the fires, we designed a program that would quickly get funds to those who needed it most,” Angie Kim, president and chief executive of the center, said in the announcement Tuesday. “We involved everyone possible to conduct outreach, connecting with arts employers, hiring community artists, coordinating with other relief funders, and attending neighborhood gatherings.”

The Center for Cultural Innovation worked closely with Side Street Projects in Altadena and Armory Center for the Arts in Pasadena to help guide applicants through the process.

Museums, galleries, corporations, philanthropists and individual donors from 28 countries contributed to the fund, including the Los Angeles County Museum of Art; the Museum of Contemporary Art; the Mellon and Helen Frankenthaler foundations; the Andy Warhol Foundation for the Visual Arts; Qatar Museums; the Ford Foundation; the family foundation of Mellody Hobson and George Lucas; Kate Capshaw and Steven Spielberg and their Hearthland Foundation; the Robert Rauschenberg Foundation; the Broad Art Foundation; the Mike Kelley Foundation for the Arts; Gagosian and Hauser & Wirth galleries; and Frieze.

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