The California Supreme Court upheld a lower court's ruling that the University of California's policy barring undocumented immigrants from campus jobs and paid research positions is discriminatory.

In August, a three-judge panel of the Court of The First District Court of Appeals ruled that “the University’s employment policy manifestly discriminates on the basis of immigration status and, in light of applicable state law, such discriminatory policy cannot be justified by the reasons given by the University.” The California Supreme Court’s decision came last week, two months after the UC Board of Regents appealed the lower court’s ruling. The lawsuit was originally filed in October 2024 by alumnus Jeffry Umana Munoz and Professor Iliana Perez, who are represented by, among others, the law firm Altshuler Berzon LLP, the UCLA School of Law’s Center for Immigration Law and Policy (CILP), and the National Day Laborer Organizing Network (NDLON). According to court documents, the lawsuit alleges that the policy violated California’s Fair Employment and Housing Act. According to the California Code of Regulations, this law states that employers in California cannot discriminate against employees or job applicants based on their immigration status. Following the announcement, Professor Iliana Perez explained: “As a former undocumented immigrant, I have seen how employment restrictions tied to immigration status have long prevented talented immigrant students from fully contributing their skills and education.” “The California Supreme Court’s decision not only reaffirms that discrimination against undocumented immigrants in accessing campus jobs can no longer be tolerated,It also gives UC the clarity needed to finally provide life-changing opportunities for the thousands of immigrant students who contribute to its campuses, as well as to the state's economy and workforce. When these students are allowed to work, the entire state benefits from their skills, innovation, and tax contributions, strengthening our communities and future prosperity. “I appreciate the leadership and courage of the undocumented students who have spearheaded this historic movement,” he stated.

Currently, the UC does not allow undocumented students to be hired for on-campus jobs or access paid educational opportunities, such as work-study financial aid and paid teaching assistant positions.

This comes after the UC Board of Regents declared in early 2024 that it would not move forward with the plan to hire undocumented students, despite initially showing support for the idea.

Therefore, following this final ruling, JuHong, Director of the UCLA Dream Resource Center, said that it “demonstrates the power of immigrant youth organizing and fighting for justice and equal opportunity.” The UC must do the right thing: end its discriminatory policy once and for all and ensure that every student has equal opportunities for success, especially at this crucial time.”

It is worth noting that the lawsuit also arose after Governor Gavin Newsom vetoed, in September 2024, a bill that would have granted undocumented students the right to work at California public universities.

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