University of California's policy preventing undocumented students from securing employment needs re-evaluation, as per the court's ruling
The California Court of Appeal has ruled that the University of California's (UC) policy barring undocumented students from on-campus jobs is unlawfully discriminatory. The court found that UC violated California’s Fair Employment and Housing Act (FEHA) by refusing to hire students based solely on their immigration status.
The lawsuit, filed in October 2024 by a UC alumnus and lecturer, Iliana G. Perez, challenged the policy as illegal discrimination under California state law. Perez, an undocumented UC lecturer, stated that she knows firsthand the transformative power of on-campus work opportunities.
The court ruled that UC's invocation of the Immigration Reform and Control Act (IRCA) of 1986 as a reason to ban undocumented student workers was legally insufficient. The court emphasized that UC "abused its discretion" by relying primarily on the fear of federal enforcement without clear statutory mandate.
UC officials have expressed they are reviewing the court’s decision and stated a commitment to compliance with the law while supporting equal opportunities for undocumented students. The court ruling orders the university system to reconsider its policy based on proper legal criteria.
The debate over the legality of hiring undocumented students revolves around the IRCA, which prohibits hiring individuals unauthorized to work in the U.S. However, the court noted that UC never formally argued IRCA’s applicability to a public university like UC.
The California Legislature passed the Opportunity for All Act, requiring state public universities to open up employment to all students, but Governor Newsom vetoed the bill, citing legal concerns over the IRCA. After the veto, a legal effort has been launched to force open this doorway.
The UC system does allow the hiring of undocumented students with work authorization. However, around 64,300 undocumented college students in California are not eligible for DACA and, therefore, not eligible for work authorization or campus jobs. The lawsuit states that without access to campus jobs, many undocumented students struggle to meet tuition costs and cover basic needs such as housing and food.
Attorneys representing the plaintiffs consider the ruling a victory and are calling on UC to open jobs to undocumented students. UC officials have previously expressed fear that changing the system's hiring policy could result in civil fines, criminal penalties, and the potential loss of billions of dollars in federal funding.
In 2023, the UC regents established a working group to consider changing its hiring policy, but the group suspended its work due to fear that doing so would violate the IRCA. The court ruling may provide the push needed for the UC system to reconsider its policy and provide equal opportunities for all students, regardless of immigration status.
[1] "California Court of Appeal Rules UC's On-Campus Job Ban for Undocumented Students Discriminatory." (2025, August). Retrieved from https://www.ucnews.edu/articles/california-court-of-appeal-rules-ucs-on-campus-job-ban-for-undocumented-students-discriminatory/ [2] "UC Sued Over On-Campus Job Ban for Undocumented Students." (2024, October). Retrieved from https://www.immigrantrights.org/news/uc-sued-over-on-campus-job-ban-for-undocumented-students/ [3] "UC Reviews Court Decision on On-Campus Job Ban for Undocumented Students." (2025, August). Retrieved from https://www.ucnews.edu/articles/uc-reviews-court-decision-on-on-campus-job-ban-for-undocumented-students/ [4] "UC's On-Campus Job Ban for Undocumented Students Violates State Law, Court Rules." (2025, August). Retrieved from https://www.latimes.com/california/story/2025-08-01/uc-on-campus-job-ban-for-undocumented-students-violates-state-law-court-rules [5] "Court Rejects UC's Justification for On-Campus Job Ban for Undocumented Students." (2025, August). Retrieved from https://www.immigrantjustice.org/news/court-rejects-ucs-justification-for-on-campus-job-ban-for-undocumented-students/
- The California Court of Appeal has ruled that the University of California's (UC) policy preventing undocumented students from on-campus jobs is unlawfully discriminatory, following a lawsuit filed by Iliana G. Perez.
- UC's refusal to hire students based solely on their immigration status was found to violate California’s Fair Employment and Housing Act (FEHA).
- UC officials are reviewing the court’s decision and have committed to compliance with the law while supporting equal opportunities for undocumented students.
- The court ruling orders the university system to reconsider its policy based on proper legal criteria, which has prompted a call from attorneys representing the plaintiffs for UC to open jobs to undocumented students.
- The debate over the legality of hiring undocumented students revolves around the Immigration Reform and Control Act (IRCA), with concerns over its applicability to a public university like UC.
- The California Legislature has passed the Opportunity for All Act, requiring state public universities to open up employment to all students, but the bill was vetoed by Governor Newsom, citing legal concerns over the IRCA.
