The California Supreme Court on Wednesday ordered a lower court to rule on the merits of a lawsuit filed against the University of California for discriminating against undocumented students enrolled at the university.
The Supreme Court’s decision, known as a grant-and-transfer, is an important step that requires the University to respond to the students’ petition, and then orders the state Court of Appeal to rule. The suit was filed this October by a UCLA alumnus and a university lecturer. The law firm of Altshuler Berzon LLP, Organized Power in Numbers and the Center for Immigration Law and Policy (CILP) represent the plaintiffs.
Jeffry Umaña Muñoz, a leader of the Undocumented Student-led Network (USN) and one of the plaintiffs in the case, said “We are pleased that the California Supreme Court recognized the importance of this issue. Every day that university students have to live with the separate and unequal system of campus employment currently operating is one day too long. We look forward to pursuing the lawsuit to a victory in the Court of Appeal.”
At issue is the UC’s policy of barring students from on-campus employment and paid educational opportunities based on their immigration status. The lawsuit challenges the UC policy as a mistaken interpretation of federal immigration law and seeks to require the school to change its policy to provide equal employment opportunities to all students, regardless of status.
The lawsuit argues that IRCA, the 1986 federal law that bars the hiring of undocumented people, does not apply to state government employers like the University of California. This means that the UC has the legal authority to allow all students to access educational employment opportunities on campus, and that UC’s failure to do so is unlawful.
Dr. Iliana Perez, the Executive Director of Immigrants Rising and another plaintiff in the case, said “It is more important than ever that every leader in California–from the courts to the universities to the legislature and the Governor–stand up for our state’s values. I look forward to ensuring that our state does everything in its power to ensure that all immigrants are given an opportunity to thrive in our universities and beyond.”
The court’s decision comes as students across the UC push to end hiring discrimination on their campuses. Known as the Opportunity4All campaign, their campaign seeks to reduce existing equity gaps that prevent many undocumented students from pursuing higher education.
Ahilan Arulanantham, faculty co-director of the Center for Immigration Law and Policy (CILP) at the UCLA School of Law and one of the counsel for petitioners, said “The plain text of the Immigration Reform and Control Act and longstanding principles of federal law make clear that the University of California has the legal authority to open student employment opportunities to all students, regardless of status. We look forward to making that legal argument in the Court of Appeal.”
Original source can be found here.