California court rules UC is violating anti-discrimination law for refusing to hire illegal aliens for campus jobs
The University of California's policy governing employment of undocumented students is discriminatory, a court has ruled.
The University of California’s policy barring students illegally residing in the United States from campus employment has been declared unlawfully discriminatory by a California appeals court.
The ruling orders the UC system to reconsider the policy, which blocks thousands of students who lack immigration status from accessing paid campus jobs and work-study opportunities.
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The case, brought by UC alumnus Jeffry Umaña Muñoz and lecturer Iliana Perez in October 2024, argued that the policy violates California’s Fair Employment and Housing Act (FEHA). State regulations make clear that it is illegal to discriminate based on immigration status unless required by federal law.
The court agreed, stating the University’s employment ban facially discriminates and that UC failed to prove it was legally required to do so.
Although UC claims its policy is intended to avoid violating the federal Immigration Reform and Control Act (IRCA), the court noted that the University never formally argued that IRCA applies to public institutions like UC.
Instead, UC cited legal “risk” as its rationale—a justification the court ruled insufficient under state law.
The court wrote that the university “abused” its discretion when making policy on improper criteria. It added that fears of federal enforcement were not enough to justify a policy that openly discriminates based on immigration status.
The court’s decision stops short of ordering UC to hire undocumented students but requires it to drop litigation risk as its only rationale.