Victory for Undocumented Students: Hiring Restrictions Removed for All UC Students

By Yoxira Espinoza '22, Aoki Legal Fellow

On Thursday May 18, 2023, undocumented student leaders secured a tremendous victory to remove hiring restrictions for all UC students, regardless of immigration status. During the open session, the UC Regents voted to move forward with the Opportunity for All Campaign. The Opportunity for All Campaign includes a coalition of the Undocumented Student-Led Network, the Center for Immigration Law and Policy, the UCLA Labor Center, and the Dream Resource Center. The coalition identified that the University of California “has legal authority to hire undocumented students for all educational employment positions” because the federal prohibition of hiring undocumented students doesn’t include state institutions.1 Dean Kevin Johnson celebrates this victory and agrees, along with other notable immigration and constitutional leaders in this country, that state entities are not restricted by the Immigration Reform and Control Act (IRCA).

At the open session, the Regents appointed a working group that will develop a plan, by the end of the year, to implement the Opportunity for All program. It is not clear whether the University will consult with students, but it is critical for students’ voices to be heard since they will be directly impacted by the policy. Although some of the intricacies of the plan have not yet been revealed, I know that this will be life-changing for many. As a DACA recipient, having employment authorization changed my life and continues to change my life. I have been able to obtain my law degree and while in law school, I was able to work as a research assistant. Moreover, my work as a fellow of the Aoki Center would not have been possible without DACA. I know this has not been the case for the growing number of students without DACA due to the July 2021 Texas federal court decision that prevents USCIS from approving or processing initial DACA applications.

This victory will be transformative because having the opportunity to obtain a work-study job, a paid internship, or a research position will make a difference in whether a student can afford the next textbook, class, or quarter/semester. For years, many undocumented students have had to put their education on pause because they lacked the financial resources or had to work jobs outside of the university that were too demanding to be able to balance their student workload. Furthermore, this decision has a racial justice impact because the undocumented population is deeply diverse, and it includes a lot of students of color in the US. Now, many will be able to breathe a little easier and have full access to educational and professional opportunities.

In light of the decision, I wonder if the commitment to hire undocumented students extends beyond graduation. Further, what other state entities have the legal authority to hire undocumented people? With the precarious status of DACA, will DACA recipients be able to apply to local governments, state courts or other state entities if DACA is rescinded?

• 1UCLA Dream Resource Center, “Undocumented Student Leaders Secure First Victory in Opportunity for All Campaign as UC Announces its Support of Removing Hiring Restrictions for Undocumented Students,” May 18, 2023, https://mailchi.mp/ucla.edu/opportunity-for-all?e=28ed690dd8.