(The Center Square) – The University of California faces a lawsuit for not offering jobs to illegal aliens in accordance with a January decision by the Board of Regents.
“A UCLA alumnus and a university lecturer, represented by attorneys from the law firm of Altshuler Berzon LLP, Organized Power in Numbers, and the Center for Immigration Law and Policy (CILP) at the UCLA School of Law, filed a lawsuit against the University of California (UC) for discriminating against undocumented students enrolled at the institution,” a UCLA law news release stated.
The petitioners are UCLA alumnus and campus organizer Jeffry Umaña Muñoz and UCLA lecturer and executive director of Immigrants Rising Dr. Iliana Perez, according to the release. Immigrants Rising is an organization that helps illegal aliens acquire education and pursue careers, according to its website.
UC’s Board of Regents decided by a vote in January to suspend for one year the implementation of its policy that allowed the hiring of illegal aliens.
“We must protect our institution, which would be subject to civil fines, criminal penalties, or debarment from federal contracting if the University is found to be in violation of the federal Immigration Reform and Control Act,” UC President Michael Drake said of the decision.
Drake also said that the university must protect employees “who might be subject to criminal or civil prosecution if they knowingly participate in hiring practices deemed impermissible under federal law.”
“The Regents’ only justification for adopting this facially discriminatory policy is the mistaken belief, unilluminated by any judicial opinion, that federal law requires it. But the federal law in question – the Immigration Reform and Control Act (IRCA), which prohibits hiring undocumented persons – does not apply to state employers such as the University of California (UC),” the lawsuit stated.
California Gov. Gavin Newsom recently vetoed a bill that he said would have prohibited “California public universities from disqualifying a student from employment due to their failure to provide proof of federal employment authorization.”
“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.
Professor from practice and co-director of UCLA School of Law’s Center for Immigration Law and Policy Ahilan Arulanantham told The Center Square that UC is being sued “because it discriminates against undocumented students under California law, by failing to afford them the same educational employment opportunities afforded to other students on campus.”
“California law prohibits employment discrimination based on immigration status unless that discrimination is required by federal law,” Arulanantham said. “Here, federal law has given States the autonomy to decide for themselves what employment criteria to set for State jobs, like student jobs at public universities.”
“The case is about undocumented students who have been admitted to the University of California. It does not seek any ‘offer’ of jobs just for undocumented students, but rather the opportunity for them to be treated like all other students,” Arulanantham said.
Lora Ries, director of border security and immigration center at The Heritage Foundation, told The Center Square that the lawsuit against UC is not legitimate.
“8 U.S.C. section 1324a states that it is unlawful for a person or other entity to hire for employment in the U.S. an alien knowing the alien is an unauthorized alien,” Ries told The Center Square. “This law passed in 1986. It is why all new hires must provide their employer documentation of identity and authorization to work.”
The Heritage Foundation is an institution devoted to formulating and promoting ”public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense,” according to its website.
“The 1995 Barbara Jordan U.S. Commission on Immigration Reform rightly identified employment as the strongest pull factor of illegal immigration. Offering jobs to illegal aliens perpetuates more, and prolongs, illegal immigration,” Ries said.
“The decades of allowing millions to reside in the U.S. illegally and facilitating their illegal immigration with benefits such as attending colleges, in-state tuition, driver’s licenses, etc. emboldens illegal aliens to demand even more,” Ries said.
“We need to return to the rule of law and fully enforce the law if we want to be a sovereign nation,” Ries said.
George Fishman, senior legal fellow at the Center for Immigration Studies, gave similar sentiments as Ries.
“The lawsuit is utterly without merit,” Fishman told The Center Square.
“Federal law prohibits discrimination in employment based only on national origin or against lawful permanent residents, refugees or asylees,” Fishman said. “As to aliens not authorized to work, federal law specifically prohibits their employment. And Congress intended this bar to apply to ALL employers.”
The Center for Immigration Study is “an independent, non-partisan, non-profit, research organization” that is “devoted exclusively to the research of U.S. immigration policy,” according to its website.
The Center Square reached out twice to Max Carter-Oberstone of Altshuler Berzon LLP law firm, who did not respond, and to Jessica Karp Bansal of Organized Power in Numbers, who directed The Center Square to the press contact concerning the UC case.
The Center Square also reached out twice each to UC President Drake’s office, UC media relations, UC board of regents, and UC director of executive communications and engagement Cathy Kenny. None responded.
