https://politico.com/news/biden-undocumented-immigrants-universi…
The Biden administration has quietly pushed back against a plan by the University of California to allow thousands of young people without legal immigration status to hold campus jobs.
Through a series of recent calls, the Department of Homeland Security pressed UC officials to reconsider what it saw as a direct challenge to federal law during an election year, according to four university officials.
The governing Board of Regents is expected to discuss the proposal on Thursday and could even approve it — amid pressure from pro-immigrant activists who are increasingly concerned about what may happen to the students, and other undocumented people, if former President Donald Trump is reelected. About 4,000 current students could benefit from the change.
“I just want to do the right thing,” said UC Regent José Hernández, a former astronaut who supports the measure. “It’s about making sure that all students have the same type of experiential learning opportunities at our UC campuses,” he added.
The proposal would challenge a 1986 federal law prohibiting people without immigration status from legally working. The UC seeks to create an exception for people who were largely brought to the U.S. by their parents as children and would previously have been allowed to work under the Deferred Action for Childhood Arrivals, or DACA. Students without legal immigration status already attend the University of California while paying in-state tuition.
Prominent legal scholars within the UC, Ivy League and elsewhere have argued the university can legally hire the students, contending the 1986 Immigration Reform and Control Act — which includes a ban on unauthorized employment — doesn’t apply to states.
But that theory is, so far, untested. And three outside legal opinions solicited by the UC Office of the President have cast doubt on the idea, adding to the reservations of some within the ten-campus system’s leadership, according to a senior leader who has reviewed the analyses.
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