A bill working its way through the California Legislature seeks to allow any undocumented student at a public college or university to work an on-campus job, even without a work permit.
Undocumented students granted DACA status, an Obama-era program that offers eligible individuals a temporary reprieve from deportation, are given temporary work permits that they can use to apply to jobs.
However, the Department of Homeland Security, which reviews and approves DACA applications, stopped processing new applications in 2017 after former President Donald Trump’s administration rescinded the program. Now, only renewal requests are approved, which means that students who don’t already have temporary work permits through DACA are out of luck when it comes to working on campus; federal law prohibits undocumented people from being hired.
That would change under legislation introduced by Assemblymember David Alvarez, D-San Diego, which would prohibit UC and Cal State schools as well as community colleges “from disqualifying a student from being hired for an employment position due to their failure to provide proof of federal work authorization,” unless that proof is explicitly required by federal law, such as in federal work-study jobs.
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The idea behind the legislation is that public colleges and universities in California should be exempt from the federal Immigration Reform and Control Act passed by Congress in 1986 that bars employers from knowingly hiring undocumented workers.
Some scholars, lawmakers and organizations, including Alvarez and the UCLA Center for Immigration Law and Policy, argue that the prohibition on hiring undocumented people does not apply to state government entities, including public colleges and universities.
“When Congress passed IRCA, Congress did not curtail states’ historic power to determine the employment qualifications of state employees,” faculty co-directors of the…
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