In California, there has been a recent push for the state university system to challenge a 1986 federal law barring the hiring of undocumented immigrant students who lack a work permit. Their strategy is to assert that it does not apply to states. The University of California Board of Regents recently adopted a policy that will allow students to work on-campus jobs, regardless of immigration status. This issue is complex and involves various facets including immigration law, employment law, and university policies.
Supporters stand firm in their belief that the law does not apply to state-level entities. Students who are not eligible for the Deferred Action for Childhood Arrivals Program (DACA) are routinely denied options that are available to their peers, including employment opportunities that might enhance their learning, research, and impact the university's commitment to public service. In addition, 1 in 5 of all undocumented college students in the US reside in California. Supporters believe it is in the best interest of the students and the university system to provide these individuals with opportunities to earn an income, which will lead to a better life and a path towards genuine social contribution.
Opponents of this move have a very simple argument, that the hiring of undocumented individuals is illegal at the federal level. There is an argument that the Supreme Court has established precedent that federal law preempts state and local laws when it comes to immigration. This action could result in the University losing federal funding, which would negatively impact all students at the school. They believe that, while this move may benefit these students who otherwise are not employable, it is taking away jobs and benefits that would normally go to U.S. citizens and legal immigrants.
The question for debate, should university students, without a legal status, be employable by the university system?
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