University of California Could Provide Illegal Immigrant Students With Job Opportunities

Students walk on the campus of University of California–Los Angeles (UCLA) in Los Angeles, Calif. on March 11, 2020. Robyn Beck/AFP via Getty Images

The University of California is moving closer to potentially employing illegal immigrants in various roles across its campus system after its Board of Regents agreed in a May 18 meeting to convene a working group on the issue.

In a closed board session, officials discussed the “Equitable Student Employment Opportunities” (pdf) measure before proceeding to vote on the matter in an open session.

An executive summary of the measure states that the university is “committed to providing equitable access to high-quality higher education for all of its students regardless of immigration status.”

“University employment is an important component of student life and well-being for many students, offering opportunities for academic growth, and preparing them to flourish in their chosen careers,” it adds.

The summary states that many students at the university depend on employment to support themselves and their family members while studying, and that in return, such employment also provides “valuable service” to the university.

“The University has assessed whether it would be appropriate to adopt a policy that would authorize the employment of student employees regardless of immigration status. This assessment has included a review of legal theories that might be asserted in support of a new equitable access to employment policy. The Board of Regents is considering a range of alternative plans for possibly implementing such a policy,” the executive summary states.

“The University proposes to move forward with steps toward exploring a policy to authorize the hiring of University students without regard to immigration status, by approving the Regents policy,” it adds.

A student crosses the University of California–Irvine campus in Irvine, Calif., on Sept. 25, 2020. John Fredricks/The Epoch Times

‘Next Steps’ to Be Discussed

Following Thursday’s meeting, the board agreed to create a working group that will consider the “next steps” when it comes to employing immigrant students, which will include discussing relevant issues and developing an implementation plan and legal strategy.

A decision on the matter will be made by the end of November, officials said.

The president of the university has also recommended that the board adopt the new policy on Equitable Student Employment Opportunities, according to the summary.

The move comes in response to an advocacy campaign from illegal immigrant student organizers at the university who were joined by professors from the Center for Immigration Law and Policy (CILP) at the UCLA School of Law and the UCLA Labor Center.

They launched the “Opportunity for All“ campaign in October calling for thousands of illegal immigrant students at the university to be granted equal access to on-campus opportunities.

According to campaigners, there are approximately 44,326 illegal immigrant college students in California that do not have equal access to on-campus opportunities including work-study jobs, paid internships, student leadership positions in campus organizations, and teaching assistant positions, among others.

If the university’s 10-campus system were to allow students who do not have legal status and work permits to work on campus, it would make it the first to skirt the 1986 Immigration Reform and Control Act (IRCA).

Under that act, employers are banned from knowingly hiring illegal immigrants who lack federal work authorization to work in various positions across the United States.

Rep. Darrell Issa (R-Calif.) speaks during a news conference in El Cajon, Calif. on Sept. 26, 2019. Gregory Bull/AP Photo

Advocates Argue Move Is Legal

However, Opportunity for All campaigners argue that an analysis of the law by CILP found that it does include state entities like the University of California.

“CILP’s analysis shows that because the University of California is an arm of the state, it faces no legal restriction on hiring undocumented workers,” campaigners said in October. “This means that the University of California can authorize the hiring of the most qualified applicant for all educational employment positions, regardless of immigration status.”

Commenting on the latest decision by the board, CILP called it “a big win and a testament to the power of undocumented student organizing.”

However, Rep. Darrell Issa (R-Calif.) expressed concern over the plan in a letter to California Gov. Gavin Newsom this week, pointing out that the Supreme Court has “repeatedly recognized federal law preempts state or local immigration actions.”

“The court has repeatedly made clear that IRCA leaves no room for states to adopt their own immigration employment measures, nor can they conflict with the federal law’s objectives and purposes,” Issa wrote in the letter, Fox News reported.

Additionally, the lawmaker raised concerns that the university’s move to hire illegal immigrants could result in the loss of federal funding which in turn could have a significant impact on students attending the university.

“Rather than devote scarce time and resources to this—particularly during an historic and worsening state budget crisis—university leadership should focus on better ways to reduce administrative overhead, rebuild core studies, reinstate a healthy atmosphere of free speech on campus, and regain the public trust in what was once the hallmark of our nation’s finest systems of higher education,” Issa said.

The University of California, which educates around 295,000 students, already offers an array of services to illegal immigrant students including financial aid, legal advice, and academic and emotional support, according to its website.

The Epoch Times has contacted the University of California for comment.