After Gov. Gavin Newsom vetoed a bill that would have allowed undocumented students to be hired on public universities, a legal effort has been launched to force open this doorway.
On Tuesday, a UCLA alumnus and a lecturer filed a lawsuit accusing the University of California system of discriminating against students based on their immigration status. They are seeking a court order requiring the system to consider undocumented students for on-campus jobs.
“As an undocumented undergraduate student at the University of California, I experienced firsthand the pain and difficulty of being denied the right to on-campus employment,” said petitioner and UCLA alumnus Jeffry Umaña Muñoz on Tuesday. “Losing these opportunities forced me to extremely precarious and dangerous living situations, always moments from housing and food insecurity.”
The suit argues that federal law barring the hiring of undocumented people does not apply to public universities. A UC spokesperson said on Tuesday afternoon that the university system had yet to be served with the filing but will respond as appropriate when served.
The suit is being coordinated by the Opportunity4All campaign, which led the charge behind Assembly Bill 2486, or the Opportunity for All Act, this year.
When vetoing the bill in September, Newsom cited concerns that state employees could be found in violation of federal laws for 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.
UC regents, for their part, share Newsom’s fear that offering jobs to undocumented students may run afoul of federal law.
In January, they shelved a plan to open jobs to students who lack legal work authorization, saying UC could be subject to civil fines, criminal penalties and the potential loss of billions of dollars in federal funding. The university system receives more than $12 billion in annual federal funding for research, student financial aid and healthcare.
The lawsuit, however, argues that although the Immigration Reform and Control Act of 1986 bars the hiring of people without legal status, this federal law does not apply to government employers such as the University of California.
“No court has ever interpreted IRCA the way the [UC] regents do,” Jessica Bansal, counsel for the petitioner, said at a news conference announcing the lawsuit Tuesday. “To the contrary, the U.S. Supreme Court has consistently held that federal laws regulating hiring do not apply to state employers unless they clearly and unambiguously state they do.”
Bansal said the UC hiring policy also violates California’s Fair Employment and Housing Act, which prohibits state employers from discriminating in hiring based on immigration status.
Although the lawsuit is directed at the UC system, counsel Ahilan Arulanantham said he hoped a favorable ruling would prompt California State University to also open employment to such immigrant students.
California is home to one-fifth of the nation’s immigrant college students who are in the U.S. illegally, an estimated 55,500 of whom attend public colleges and universities.
“It’s imperative for these students to have the opportunity to work and pursue career advancement,” petitioner and UCLA lecturer Iliana Perez said Tuesday. “By unlocking their potential and enabling them to contribute fully, we can rectify the missed economic opportunity and create a more inclusive and prosperous society.”
