The University of California is being sued for not providing job opportunities to individuals who are undocumented, as per a recent decision made by the Board of Regents.
According to a press release, the individuals behind the petition are Jeffry Umaña Muñoz, a UCLA alumnus and campus organizer, and Dr. Iliana Perez, a UCLA lecturer and executive director of Immigrants Rising. Immigrants Rising is an organization dedicated to supporting undocumented individuals in their pursuit of education and professional opportunities.
UC President Michael Drake emphasized the importance of safeguarding the institution from potential consequences such as civil fines, criminal penalties, or debarment from federal contracting due to any violations of the federal Immigration Reform and Control Act.
According to Drake, it is crucial for the university to safeguard its employees who could potentially face criminal or civil charges if they are knowingly involved in hiring practices that are considered impermissible under federal law.
In the lawsuit, it is argued that the Regents’ decision to implement a policy that discriminates on its face is unjustified. The Regents’ claim that federal law necessitates this policy is without support from any legal opinion.
However, it should be noted that the federal law in question, the Immigration Reform and Control Act (IRCA), does not apply to state employers like the University of California (UC).
California Governor Gavin Newsom recently vetoed a bill that aimed to prevent California public universities from disqualifying students from employment based on their inability to provide proof of federal employment authorization.
California Governor Gavin Newsom emphasized the importance of addressing the legality of the bill and the novel legal theory it is based on before taking any further action.
He highlighted the potential criminal and civil liability that state employees may face as a result of this legislation. Newsom expressed the gravity of the consequences associated with this bill and the need for the courts to examine its legality.
According to Ahilan Arulanantham, a professor and co-director of UCLA School of Law’s Center for Immigration Law and Policy, UC is facing a lawsuit due to its alleged discrimination against undocumented students.
The lawsuit claims that UC fails to provide the same educational and employment opportunities to undocumented students as it does to other students on campus.
According to Lora Ries, director of the border security and immigration center at The Heritage Foundation, she believes that the lawsuit against UC lacks legitimacy.
The Heritage Foundation is dedicated to developing and advocating for public policies that uphold the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense, as stated on its website.
According to Ries, the 1995 Barbara Jordan U.S. Commission on Immigration Reform correctly identified employment as the main attraction for illegal immigration. He believes that providing job opportunities to undocumented immigrants only encourages more illegal immigration and prolongs the issue.
Ries emphasized the importance of upholding the rule of law and fully enforcing it in order to maintain our sovereignty as a nation.
George Fishman, a senior legal fellow at the Center for Immigration Studies, echoed Ries’ sentiments.
Fishman, in response to the lawsuit, stated firmly that it lacks any validity or justification.
“Federal law prohibits employers from discriminating against individuals based on their national origin or their status as lawful permanent residents, refugees, or asylees,” Fishman emphasized. “Furthermore, it is important to note that federal law explicitly forbids the employment of unauthorized aliens. Congress intended this restriction to be applicable to all employers without exception.”
The Center for Immigration Study is a research organization dedicated to the study of U.S. immigration policy. It prides itself on being independent, non-partisan, and non-profit, as stated on its website.
The Center Square attempted to contact Max Carter-Oberstone of Altshuler Berzon LLP law firm, but received no response. Jessica Karp Bansal of Organized Power in Numbers directed The Center Square to the press contact regarding the UC case.
The Center Square made two attempts to contact UC President Drake’s office, UC media relations, UC board of regents, and UC director of executive communications and engagement, Cathy Kenny. However, no response was received from any of them.
