The California General Assembly Orders State University Officials to Commit Federal Crimes
Hiring illegal aliens is still illegal
By George Fishman on June 5, 2024
Summary
Two years ago, 29 law professors assured the University of California that “no federal law prohibits [it] from hiring undocumented students” not authorized to work under federal law because the Immigration Reform and Control Act’s “employer sanctions” don’t apply to the states.
I have previously concluded that the professors’ assurances are incorrect and that if UC does authorize the employment of illegal aliens, IRCA’s employer sanctions will likely be found to apply to UC. I have also noted that the professors failed to explain to UC the risks involved, not only of civil but also of criminal liability, with penalties including possible imprisonment.
Despite the UC regents promising to “to find a pathway to enact a bold policy to hire students who lack legal status” and come up with an implementation plan by November 2023, nothing further happened last year. Then, this January, after a report that DHS had “pressed UC officials to reconsider what it saw as a direct challenge to federal law during an election year”, UC “concluded that the proposed legal pathway is not viable at this time, and in fact carries significant risk” — including for UC employees “who might be subject to criminal or civil prosecution”.
https://cis.org/Fishman/California-General-Assembly-Orders-State-University-Officials-Commit-Federal-Crimes