A California appeals court has determined that the University of California system’s policy prohibiting the hiring of undocumented immigrant students for campus jobs constitutes discrimination under state law. The ruling, issued by a three-judge panel, found that the university’s employment policy violated California statutes that ban discrimination based on immigration status.
While the court’s decision identified the policy as discriminatory, it stopped short of mandating that the university system must hire undocumented students. The judges clarified that their ruling “does not require the University to take any specific action” that could potentially put the university community at risk.
The case was brought forward by UCLA’s Center for Immigration Law and Policy. Legal experts from the center have previously advocated for removing the hiring restrictions, arguing that the federal Immigration Reform and Control Act of 1986, which prohibits employing unauthorized workers, does not explicitly define government entities as
“employers.”
The university system had defended its position by citing concerns about potential federal legal action if it hired undocumented students. This comes after the UC system dissolved a task force in 2024 that was examining the legality of hiring undocumented
immigrants. In the same year, California Governor Gavin Newsom vetoed legislation that would have permitted such hiring practices, citing possible legal complications.
Immigration law experts have offered differing perspectives on the ruling. George Fishman, a former Department of Homeland Security attorney now working as a senior legal fellow at the Center for Immigration Studies, suggested that the UC system would likely prevail if it pursued federal litigation regarding the applicability of the 1986 law. Fishman expressed confidence that federal courts would ultimately determine that Congress intended the Immigration Reform and Control Act to apply to states as employers.
Heritage Foundation senior legal fellow Zack Smith, who previously served as an Assistant United States Attorney, criticized the court’s decision. Smith emphasized that federal law supersedes state law in such matters and explicitly prohibits employers from hiring
unauthorized immigrants. He characterized the ruling as “absurd” and suggested it “makes a mockery of the law,” while recommending that California universities continue adhering to federal regulations.
The court’s opinion specifically addressed the university’s litigation risk argument, stating that the institution cannot rely solely on this concern as justification for its discriminatory policy. The judges noted that the option to pursue a declaratory judgment against the federal government remains available to the university system.
The ruling comes amid ongoing debates about immigration policies in higher education. The University of California’s employment policy has been a particular point of contention, with various stakeholders arguing over the legal and ethical implications of hiring undocumented students for campus positions.
Neither UCLA’s legal scholars who were involved in the case nor the University of California system have provided public comment on the recent ruling. The decision represents a significant development in the ongoing discussion about the rights and opportunities available to undocumented students within California’s public university system, while leaving open questions about how institutions should navigate potentially conflicting state and federal requirements regarding immigrant employment.