San Francisco – Attorneys for undocumented students today presented oral argument at the California Court of Appeal in a historic case that seeks to end the University of California’s discriminatory policy denying educational employment opportunities to students based on their immigration status.

The case, Umaña Muñoz, et al v. Regents University of California, was filed in 2024 by a former student and a lecturer at the University of California. Attorneys for the petitioners argue the Regents aren’t barred from hiring undocumented students because the federal law prohibiting the hiring of undocumented people, the Immigration Reform and Control Act of 1986 (IRCA), does not apply to state government employers. Additionally, the lawsuit challenges the policy as a violation of the California Fair Employment and Housing Act’s (FEHA) prohibition on immigration status discrimination.

The student and lecturer are represented by attorneys with the Center for Immigration Law and Policy (CILP) at the UCLA School of Law, National Day Laborer Organizing Network, and the law firm of Altshuler Berzon LLP.

The lawsuit comes at a crucial moment for the state. There are approximately 54,509 undocumented college and university students in California who are not eligible for DACA, and 14,000 undocumented students graduating from California high schools each year. Without the ability to work on campus or pursue paid positions in higher education (such as teaching and research assistant positions), many undocumented students must work in the underground economy, where they are subject to abuse by unscrupulous employers. Still others abandon their education because they cannot pay for their tuition and afford necessities such as food and housing.

Please attribute the following statement to Dr. Iliana Perez, a named plaintiff in the lawsuit:

“California has taken important steps to increase access to higher education for undocumented students. But access alone isn’t enough. This case is about closing the opportunity gap that prevents undocumented students from fully benefiting from their education. Undocumented students have grown up in the United States, attended public schools, and are pursuing higher education with the dream of contributing back to the only country they’ve ever known. Denying them the ability to work - whether through research roles, internships, or on-campus jobs - cuts off their future and diminishes the state’s investment in their education.

“This case is not just about employment policy - it’s about equity, dignity, and the future of higher education in California. A victory in this case would affirm that all students, regardless of immigration status, have the right to fully participate in academic and professional life. It would move us closer to a California that truly lives up to its values of inclusion and opportunity.”

Please attribute the following statement to the Undocumented Student-Led Network:

“Campus employment is a critical lifeline for first-generation, low-income students like us to make our dream of higher education possible. Further, campus employment is a primary avenue through which California students apply their skills and advance our state into the future. UC’s misguided interpretation of the Immigration Reform and Control Act (IRCA) of 1986 is depriving the University and California from the critical contributions, innovation, and scholarship that we can provide.

“We applaud our legal team for their fierce and unyielding efforts to ensure that no student at the UC be unlawfully barred from equitable campus employment opportunities. Now more than ever, it is vital to ensure that our immigrant communities are empowered and embraced as the essential part of our society that they are. We firmly believe the Court will recognize this and rule in favor of our students.”

A timeline of the lawsuit can be found here.

About UCLA CILP:

Founded in 2020, the Center for Immigration Law and Policy (CILP) at the UCLA School of Law expands the law school's role as a national leader in immigration law and policy, generating innovative ideas at the intersection of immigration scholarship and practice and serving as a hub for transforming those ideas into meaningful changes in immigration policy. 

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