UC faces lawsuit for following federal law, stopping illegal aliens from being employed on campus
In January, UC said that hiring illegal aliens could make the school ‘subject to civil fines, criminal penalties, or debarment from federal contracting.’
One of the plaintiffs, an illegal alien himself, said he was ‘deeply disappointed’ in the school’s decision.
The University of California is being sued for a policy that, in compliance with federal law, does not allow illegal alien students to work at the campus.
UC President Michael Drake announced the decision to not hire illegal alien students in January, according to EdSource. He spoke about the potential legal consequences for the UC system, saying the school could be “subject to civil fines, criminal penalties, or debarment from federal contracting” as well as prosecution for university employees. “[W]e have a fiduciary responsibility to consider all possible ramifications of our actions,” he added.
The Immigration Reform and Control Act of 1986 makes it illegal for U.S. employers to knowingly hire illegal aliens.
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UC leaders were also warned that the school could potentially be sued by the Biden administration if it gave campus jobs to illegal aliens.
Now, UC is still facing a lawsuit, although from plaintiffs attacking the university over its compliance with federal law, according to the Daily Caller.
The lawsuit, filed on behalf of plaintiffs Jeffry Umaña Muñoz and Iliana Perez, alleges that “The effects of the Regents’ misguided policy have been devastating.”
“The policy is stunting the potential of students with great academic promise, who could pursue advanced degrees at the UC but for their inability to complete the necessary teaching or other employment requirements (such as medical residency). It is discouraging many undocumented students of limited means—who must work to afford college—from applying to the UC altogether,” the lawsuit claims.
Muñoz, an illegal alien currently studying at UC, expressed his disappointment with the school’s policy.
“I’m deeply disappointed that the UC Regents and President Drake shirked their duties to the students they are supposed to protect and support. We as UC students deserve so much more from our university leadership,” he said in January.
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Jessica Karp Bansal, one of the plaintiffs’ attorneys, works for Organized Power in Numbers, a non-profit organization that works to promote “workers rights, racial, and economic justice.”
Ahilan Arulanantham, another of the plaintiffs’ attorneys, told Campus Reform that barring illegal alien students from work “has prevented many high-performing undergraduate and graduate students from obtaining jobs for which they were selected by professors,” and added that “The policy has also made college far less affordable for many other undocumented students.”
He continued, alleging that the policy is “misguided” and claiming: “We have shown through extensive publicly-available legal research that the federal prohibition on hiring undocumented workers does not apply to California’s public universities.”
On Sept. 22, California Gov. Gavin Newsom vetoed legislation that would have permitted illegal aliens to find employment with state institutions of higher education, saying: “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.”
Campus Reform contacted the USC Board of Regents and Jessica Karp Bansal for comment. This story will be updated accordingly.