Despite concerns about its legality under federal law, activists successfully campaigned for the University of California’s Board of Regents to consider a plan allowing the employment of illegal immigrants within the school system.
Following discussions during an executive session, the board reached a consensus on promoting “equitable student employment opportunities.” They have decided to form a committee that will assess the next steps to be taken by the end of November.
The University of California upholds its commitment to granting equal access to its outstanding educational programs for all eligible students, regardless of their immigration status. University of California President Michael V. Drake and Board of Regents Chair Richard Leib emphasized that providing students with meaningful career prospects is a top priority.
In accordance with the established policy statement, the Board of Regents has established a working group tasked with thoroughly reviewing relevant issues. The group will then draft an implementation plan and devise a legal strategy by the end of November. The working group will determine the specifics of the implementation, including timing and methods.
This decision comes as a response to pressure from advocates and illegal immigrant students. In October, The New York Times reported that a group of “undocumented student leaders” and legal scholars proposed that the state start hiring students at the university system’s ten campuses.
The plan appears to contradict the Immigration Reform and Control Act of 1986, which prohibits such actions.
However, as the Times reported, a “new legal analysis” from UCLA suggests that the statute does not apply to states.
Activists celebrated this as a triumph for the “immigrant rights movement,” according to the Los Angeles Times.
This move marks another advancement in California’s ongoing efforts to legalize undocumented workers and grant them equal access to resources and services enjoyed by citizens and legal residents. In recent years, the state has permitted illegal immigrants to obtain driver’s licenses, receive in-state tuition, and have access to Medicaid coverage.
Republicans in California, a predominantly blue state, have already expressed their opposition to this latest development. Republican California Representative Darrell Issa sent a letter to Governor Gavin Newsom this week, voicing his disagreement with the idea and asserting that the legal arguments put forth by the activists lack validity.
Issa argued that the Supreme Court has consistently recognized that federal law supersedes state or local immigration actions due to the Supremacy Clause. Citing previous court rulings, he stated that “IRCA leaves no room for states to adopt their own immigration employment measures” and that they cannot conflict with the objectives and purposes of federal law.
Moreover, Issa claimed that students could suffer negative consequences, such as the potential loss of federal funds for the university. He accused both the institution and the state of selectively choosing which federal laws to follow and nullify.
Issa suggested that university administrations focus on more constructive measures, such as reducing administrative overhead, revitalizing core studies, fostering an atmosphere of free speech on campuses, and rebuilding public trust in what was once considered the pinnacle of the nation’s higher education system.