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The University of California (UC) is now at the center of a lawsuit filed over its decision to prevent undocumented immigrants from securing paid campus jobs. The controversy stems from UC’s initial 2023 policy, which aimed to provide “equitable access” to employment opportunities for all students, regardless of their immigration status. However, the university opted not to adopt this policy in January 2024, citing legal concerns related to federal law.
The lawsuit, filed by student advocates, claims that UC’s decision is both discriminatory and legally misguided. According to the plaintiffs, the Immigration Reform and Control Act (IRCA), which prohibits noncitizens from employment in the U.S., does not apply to state employers like the UC system. The plaintiffs argue that by denying employment to undocumented students, UC is stifling the academic potential of many who rely on paid work, such as teaching assistantships or medical residencies, to complete their degrees.
Legal Dispute Over Employment Rights
The lawsuit emphasizes that UC’s refusal to adopt the employment policy has serious consequences for undocumented students pursuing higher education. Without the ability to work on campus, many of these students struggle to meet the academic requirements necessary for earning advanced degrees. The plaintiffs also argue that the decision violates California’s Fair Employment and Housing Act, which prohibits discrimination based on immigration status.
“Thousands of undocumented students with bright academic futures are being hindered by this misguided policy,” reads the lawsuit. The case could have far-reaching implications for the state’s immigrant population, especially for students brought to the U.S. as children to escape violence and poverty.
UC’s Defense and Federal Pushback
UC system President Michael Drake explained that the university’s decision was based on the legal risks involved. In January, the Biden administration pushed back on the UC policy, suggesting that it could face federal legal action if it allowed undocumented students to be employed.
UC is currently reviewing the lawsuit and has not yet issued a detailed response. Meanwhile, California Governor Gavin Newsom has also vetoed recent proposals to expand financial assistance programs for undocumented immigrants, including home-buying assistance, adding to the broader debate surrounding immigrant rights in the state.
FAQs About the University of California’s Employment Policy
Q: Why is the University of California being sued?
A: The University of California is being sued for blocking undocumented students from paid campus jobs, despite an initial policy that would have allowed employment regardless of immigration status.
Q: What federal law is at the center of this controversy?
A: The Immigration Reform and Control Act (IRCA), which bars noncitizens from working in the U.S., is cited by UC as a reason for the policy change, though plaintiffs argue it does not apply to state employers like UC.
Q: How does this policy impact undocumented students?
A: Without the ability to work on campus, undocumented students may find it difficult to fulfill the requirements for advanced degrees, such as teaching assistantships or medical residencies, stunting their academic and professional growth.
Q: What is UC’s stance on the lawsuit?
A: UC is currently reviewing the lawsuit and has stated that its decision was based on concerns over legal implications.
Q: Has there been any political response to this issue?
A: California Governor Gavin Newsom recently vetoed a bill that would have expanded financial assistance, including home-buying loans, for undocumented immigrants in the state.