In a first-of-its-kind effort in the United States, California is pushing the legal boundaries to hire undocumented students in its state-university workforce reports Bloomberg Law.
With California’s stellar history of legislation benefiting undocumented residents, by offering services like driver’s licenses, the state is now aiming to position its higher education system as a major employer. This aspiration rests on a new, untested legal theory.
Last year, a group of students—led by UCLA senior Jeffry Umaña Muñoz—initiated a campaign called ‘Opportunity for All.’ The group argues that state agencies like the University of California (UC) are not bound by federal law to abstain from hiring undocumented students or graduates.
Roughly five months ago, in response to the students’ demands, UC regents committed to formulating a new hiring policy for undocumented immigrants. The policy, touted to be a first amongst public institutions, will express UC’s commitment to hire students and staff irrespective of their legal immigration status. The self-imposed deadline for issuing this plan is set for November 30.
This novel legal argument potentially provides a pathway for undocumented individuals to pursue careers, especially with the Deferred Action for Childhood Arrivals (DACA) program’s future in question. As such, California’s approach could soon become a model for other states in similar situations.
Predictions are that pressure on the regents will intensify as the deadline approaches, building anticipation in legal, educational, and civic circles across the nation. As the nation looks on, the legal implications of this policy change stand to reshape the conversation around undocumented immigrants and employment opportunities.