After Gov. Gavin Newsom vetoed a bill that would have allowed undocumented students to be hired at public universities, a legal effort was launched to force that door open.
On Tuesday, a UCLA alumnus and professor 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 have personally experienced the pain and difficulty of being denied the right to on-campus employment,” the petitioner and alumnus said Tuesday from UCLA, Jeffry Umaña Muñoz. “Losing these opportunities forced me into extremely precarious and dangerous living situations, always at times of housing and food insecurity. »
The suit argues that federal law prohibiting the hiring of undocumented people does not apply to public universities. A UC spokesperson said Tuesday afternoon that the university system had not yet received the filing, but would respond appropriately once served.
The lawsuit is being coordinated by the Opportunity4All campaign, which this year led the charge behind Assembly Bill 2486, or the Opportunity for All Act.
When he vetoed the bill in September, Newsom raised concerns that state employees could be found to be in violation of federal laws on hiring undocumented people.
“Given the seriousness of the potential consequences of this bill, which include potential criminal and civil liability for state employees, it is essential that the courts address the legality of such a policy and the new legal theory that underpins this legislation before proceeding,” he said. in his veto message.
The UC regents, for their part, share Newsom’s concern that offering jobs to undocumented students could run afoul of federal law.
In January, they scrapped a plan to open jobs to students who don’t have legal work authorization, saying UC could face civil fines, criminal penalties and a potential loss of billion dollars in federal funding. The university system receives more than $12 billion in federal funding each year for research, student financial aid and health care.
The lawsuit argues, however, that although the Immigration Reform and Control Act of 1986 prohibits 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 in the same manner as [UC] the regents do it,” Jessica Bansal, an attorney for the petitioner, said at a news conference announcing the lawsuit Tuesday. “To the contrary, the United States Supreme Court has consistently held that federal laws governing employment do not apply to state employers unless they clearly and unambiguously declare so. »
Bansal said UC’s hiring policy also violates California’s Fair Employment and Housing Act, which prohibits employers in the state from discriminating in hiring based on immigration status.
Although the lawsuit is aimed at the UC system, attorney Ahilan Arulanantham said he hopes a favorable ruling will prompt California State University to open jobs to these immigrant students as well.
California is home to one-fifth of the nation’s immigrant students who are in the United States illegally, approximately 55,500 of whom attend public colleges and universities.
“It is imperative that these students have the opportunity to work and pursue their careers,” petitioner and UCLA lecturer Iliana Perez said Tuesday. “By unlocking their potential and enabling them to contribute fully, we can correct missed economic opportunities and create a more inclusive and prosperous society. »
