The Guardian (USA)

‘Cowards’: University of California halts plan to hire undocument­ed students

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The University of California’s governing board on Thursday punted a decision of whether to allow immigrant students without legal status to apply for jobs on its 10 campuses, with the system’s president warning that doing so would carry “significan­t risk” for the institutio­n and students, including possible criminal prosecutio­n.

The board of regents voted 9-6 to delay considerin­g the plan until 2025 amid shouts of “Cowards!” from some in the audience.

Before the vote, the University of California’s president, Michael Drake, told the board that the proposed legal pathway for the student work plan was “not viable right now” and said implementi­ng such a plan would carry “significan­t risk for the institutio­n and for those we serve”.

Drake said the policy could put immigrant students at risk of criminal prosecutio­n and then deportatio­n for working while lacking legal status. That, in turn, would put the university system at risk of fines and criminal penalties for employing them, and pose a potential threat to grants and other funding. He said the university system will continue to explore its options.

Regents who opposed delaying the plan shared their disappoint­ment and called it a missed opportunit­y for the university system to lead in the fight for the rights of immigrant students who do not have legal status.

“We are taking a pause at a crucial moment on an issue that requires our commitment,” said California assembly speaker emeritus and UC regent John A Pérez. “If you stand and say this is the time for us to actually be bold, and take individual and institutio­nal risks, then you speak to a different sense of moral authority.”

The prestigiou­s university system has more than 295,000 students. The policy could benefit as many as 4,000 immigrant students who would previously have been allowed to work under the Deferred Action for Childhood Arrivals, or Daca.

The federal policy implemente­d by Barack Obama prevents the deportatio­n of hundreds of thousands of immigrants brought to the US as children. It was declared illegal by a federal judge in Texas in September. The judge’s ruling is ultimately expected to be appealed to the US supreme court, sending the program’s fate before the high court for a third time.

UC’s policy would also challenge a 1986 federal law prohibitin­g people without immigratio­n status from legally working.

For years, students without legal immigratio­n status have attended University of California schools while paying in-state tuition.

Department of Homeland Security

officials did not respond to a request for comment on the proposal considered by the board of regents.

“I’m deeply disappoint­ed that the

UC regents and President Drake shirked their duties to the students they are supposed to protect and support,” Jeffry Umaña Muñoz, UCLA student and leader at Undocument­ed Student-Led Network, said in a statement.

Ahilan Arulananth­am, faculty codirector at the Center for Immigratio­n Law and Policy at the University of California Los Angeles School of Law, called it “deeply shameful” that the regents refused to adopt the policy now.

“Our legal theory, which we presented to the regents in October 2022, makes clear: the University of California has the legal right to authorize the hiring of undocument­ed students today,” Arulananth­am said. “I have had the immense privilege of working with these students for the past couple of years, and I’ve seen first-hand how challengin­g it is to simultaneo­usly pursue their studies and fight for their right to survive at the UC.”

 ?? ?? The Sather Gate at the University of California, Berkley, campus. Photograph: Ben Margot/AP
The Sather Gate at the University of California, Berkley, campus. Photograph: Ben Margot/AP

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