Undocumented students file lawsuit against UC over campus job ban

LOS ANGELES — A legal advocacy group representing undocumented students filed a lawsuit against the University of California, challenging the system's policy that prevents students without legal immigration status from holding campus jobs.

The lawsuit alleges the University of California, a public system, discriminates against undocumented students by denying them employment opportunities available to other enrolled students, violating the state's Fair Employment and Housing Act.

The legal action follows UC President Michael Drake's January decision to block the implementation of a policy approved by the UC Board of Regents in April 2023 that would have allowed undocumented students to work on campus. Drake cited potential legal liability if federal authorities challenged the policy.

"In several instances that severely limited my ability to [keep] myself enrolled in the university, as well as, at some point, [it] affected my ability to also obtain the full breadth of the education that I could have received from the University of California," said former UCLA student Jeffry Umaña Muñoz, who is now an undocumented graduate student at California State University, Los Angeles.

California has more than 80,000 undocumented students, according to the lawsuit. While state law allows these students to enroll in public universities and receive state financial aid, they cannot work in campus positions that could help fund their education or gain experience in their fields of study.

The legal challenge centers on a novel interpretation of federal immigration law. UCLA immigration law professor Ahilan Arulanantham, who helped file the lawsuit, argues that while federal law explicitly prohibits private employers and federal agencies from hiring undocumented workers, it does not extend this restriction to state agencies.

"If the policy that [UC Regents] have set is a product of a misunderstanding of the law, then you can sue in order to get them to clarify, for a court to clarify what the law is, and then they can reset the policy with the proper understanding of the law," Arulanantham said.

The lawsuit represents an escalation in tensions between undocumented students and California state leaders. In September, Governor Gavin Newsom vetoed legislation that would have permitted campus employment for undocumented students. While Newsom suggested pursuing clarification through the courts via declaratory relief, legal experts have questioned the viability of that approach.

UC spokesperson Ryan King said the university has not yet been served with the lawsuit filing but "will respond as appropriate" when that occurs.

A favorable ruling could have broad implications beyond the UC system. The legal interpretation could affect employment policies at California State University, California Community Colleges, and other state and municipal agencies.

Umaña Muñoz, who continues to advocate for change, expressed his motivation: "I find the strength to engage in this campaign... from the hope that there is still something better yet to come for me, from the idea that I have done what has been expected of me, that our immigrant communities, other immigrant youth like myself every day pour ourselves into our educational institutions."