“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,” plaintiff Jeffry Umana Munoz said in a statement. “Losing these opportunities forced me to extremely precarious and dangerous living situations, always moments from housing and food insecurity.”
A UCLA alumnus and lecturer have filed a lawsuit against the University of California, claiming that its refusal to hire undocumented students is discriminatory.
“The people of this State are being deprived of the important contributions that these students would have made if their academic ambitions had not been needlessly stifled by the Regents’ policy,” the lawsuit alleges.
According to Yahoo! News, the complaint was filed earlier this week. The lawsuit seeks a court order that would require the University of California system to consider hiring undocumented students for on-campus positions.
“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,” plaintiff Jeffry Umana Munoz said in a statement. “Losing these opportunities forced me to extremely precarious and dangerous living situations, always moments from housing and food insecurity.”
Attorneys for the two plaintiffs say that the federal law prohibiting the hiring of undocumented persons does not apply to public universities. In response, a University of California spokesperson said that the system has yet to be served with the lawsuit but will respond as soon as it practicably possible.
The lawsuit, notes Yahoo! News, was filed shortly after California Gov. Gavin Newsom vetoed a bill that would have explicitly permitted the UC system to hire undocumented students.
“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,” Newsom said in a veto statement.
Jessica Bansal, an attorney for at least one of the plaintiffs, said that the Immigration Reform and Control Act of 1986—which prohibits the hiring of persons without legal status—does not seem to apply to government employers, including the University of California.
“No court has ever interpreted IRCA the way that the [University of California] regents do,” Bansal said. “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 that they do.”
California, notes Yahoo! News, is home to one-fifth of all undocumented university students in the United States.
“It’s imperative for these students to have the opportunity to work and pursue career advancement,” plaintiff and UCLA lecturer Iliana Perez said in a statement. “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.”
Sources
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