Biden administration presses University of California on hiring undocumented students

The Biden administration has been having private discussions with the University of California, expressing concerns about the university's plan to allow undocumented students to hold campus jobs. The Department of Homeland Security has been involved in a series of calls with UC officials, where they raised issues regarding the legality of the proposal, in what is seen as a direct challenge to federal law, especially during an election year. The university's governing Board of Regents is set to discuss the proposal, which could potentially benefit around 4,000 current students, at its upcoming meeting.

Challenges and Pushback

The proposal by the University of California seeks to create an exception to a 1986 federal law that prohibits people without immigration status from legally working. The university wants to provide opportunities for those who were brought to the U.S. as children and would have been eligible to work under the Deferred Action for Childhood Arrivals (DACA) program. Although the students without legal immigration status already attend the University of California and pay in-state tuition, the Biden administration has raised concerns over the legal implications of the proposal.

The Department of Homeland Security has warned the university that the Biden administration might take legal action or administrative measures to block the effort if the proposal is approved. This has led to uncertainty around the approval of the proposal from the regents, despite some interest and support for helping undocumented students among certain board members.

Legal and Political Implications

The Biden administration's position has raised questions, especially given the legal uncertainty and the potential political implications associated with the proposal. The university has faced pressure not only from the federal government but also from California Representative Darrell Issa, who expressed opposition to the plan in a letter to Governor Gavin Newsom.

Furthermore, legal scholars at the University of California and other institutions have argued that the university may have the legal standing to hire the students, asserting that the 1986 Immigration Reform and Control Act, which includes the ban on unauthorized employment, does not necessarily apply to states. However, this legal theory remains untested, and outside legal opinions have cast doubt on the idea.

Deliberations and Alternative Options

Despite the pushback, the University of California has continued to deliberate on the issue, considering the risks and potential legal and political implications. The university has also explored alternative options for supporting the students, such as providing additional financial aid in exchange for work, or reclassifying some jobs as fellowships instead of providing paychecks.

The ongoing discussions have been met with student protests, with advocates arguing that the university should find a way to employ the students without requiring them to fill out the I-9 employment form. As the university grapples with these complex and delicate issues, it is evident that there is a need for further study and consideration of the matter.

Uncertainty and Internal Tensions

Despite the initial plan by the Board of Regents to come up with a hiring plan for undocumented students by November, the self-imposed deadline has passed without a clear resolution. The delay has left stakeholders uncertain about the university's next steps, with little public discussion on the matter since May.

Internally, regents have had differing opinions on how to proceed, with tensions emerging within the university's leadership. These internal dynamics have underlined the complexity and sensitivity of the issue, as the university strives to navigate the legal and ethical considerations surrounding the employment of undocumented students.

As the University of California continues to grapple with this contentious issue, the upcoming discussions at the Board of Regents meeting will be critical in determining the path forward for the proposal to hire undocumented students.