California Supreme Court Upholds Ruling on UC Hiring Policy

The California Supreme Court has upheld a ruling that the University of California’s policy prohibiting the hiring of students without legal status in the United States is discriminatory. This decision demands a reassessment of the university’s hiring practices, which has placed the institution in a challenging position amid ongoing negotiations with the federal government.

In August 2023, the First District Court of Appeals determined that the University of California (UC) failed to provide adequate justification for its policy against hiring undocumented students. While the court did not completely overturn the hiring protocol, it mandated that UC reevaluate this policy in light of appropriate legal standards. Following this verdict, UC sought further review from the California Supreme Court, which declined to hear the case last week.

Rachel Zaentz, a spokesperson for UC, remarked that the court’s refusal to review the case presents “serious legal risks for the University and all other state employers in California.” The implications of the ruling arrive at a time when UC is grappling with the repercussions of federal grant suspensions and a substantial fine from the Trump administration related to various allegations, including accusations of antisemitism and unlawful admission practices.

The lawsuit, initiated by former UC lecturer Iliana Perez, highlighted the struggles faced by students without legal status. Without the ability to work legally, these students find it increasingly difficult to finance their education, encompassing not just tuition but also essential living expenses like housing. Although they may qualify for state grants and tuition waivers, they remain ineligible for federal assistance, compelling many to seek employment in precarious conditions.

In her statement to the Los Angeles Times, Perez emphasized the significance of the court’s decision. “The California Supreme Court’s decision not only reaffirms that discriminating against undocumented immigrants from accessing on-campus employment cannot continue to be tolerated,” she stated. “But it also gives UC the clarity to finally unlock life-changing opportunities for the thousands of immigrant students who contribute to its campuses, and to the state’s economy and workforce.”

UC has contended that hiring individuals without legal status could lead to civil or criminal liabilities for campus employers and jeopardize the substantial federal contracts that the university system receives. The ruling, however, places pressure on UC to reconsider its stance and find a path forward that aligns with both state law and its commitment to inclusivity.

As the university embarks on this reassessment, the impact on the lives of thousands of students hangs in the balance. The challenge remains for UC to navigate its legal obligations while fostering an environment that supports all students in achieving their educational goals and contributing to the broader community.