The University of California is contemplating hiring undocumented students, despite the fact that it would violate a Reagan-era law.
A working group was created by the UC Regents to explore the possibility, and they are expected to have an answer by November, according to Politico. Hiring undocumented students without work permits would run directly counter to the 1986 Immigration Reform and Control Act, which expressly forbids the employment of people who lack federal authorization.
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“I want to do the best we can for our students, but I also realized that it does take time,” board Chair Richard Leib said. “We have to go through and analyze and talk to everybody, and make sure we’re doing this the right way, so we have the best case forward.”
The move came at the urging of a group of student and professor activists at the college who argued that the Immigration and Control Act doesn’t apply to states. They laid out their argument in a September letter.
“In short, when Congress passed IRCA, Congress did not curtail states’ historic power to determine the employment qualifications of state employees. As a result, IRCA’s prohibition on hiring undocumented persons does not bind state government entities. State entities can lawfully hire undocumented students irrespective of employment authorization status under federal law,” the co-directors of the UCLA Center for Immigration Law and Policy wrote.
UC is already known as one of the most progressive universities in the United States on the topic of immigration, having extended a number of privileges to illegal immigrants who attend the university. The UC Regents have hinted that they hope their example will expand to other universities across the country.
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Regent Jose Hernandez said that UC leadership “identifies UC as a progressive leader in the higher education system. And it is my hope that other states, other education entities will soon follow with us.”
If the hiring of undocumented students is implemented, it could set up a legal battle with Republicans.
