A new report analyzes a recent memo arguing that the federal law which prohibits the hiring of illegal aliens does not apply to state governments.
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Can California State Universities Legally Hire Illegal Aliens? ([link removed])
Washington, D.C. (November 28, 2022) – A new Center for Immigration Studies report ([link removed]) analyzes a recent memo arguing that the federal law which prohibits the hiring of illegal aliens does not apply to state governments. The memo, by a group of self-identified “immigration and constitutional law scholars”, claims that the state of California could and should give California state universities the go-ahead to hire and employ their illegal alien students, based on “the urgent need to expand employment opportunities for undocumented students”.
The Immigration Reform and Control Act of 1986 (IRCA) prohibits the knowing hiring of illegal aliens. The memo contends that since IRCA does not spell out that it applies specifically to the states, Congress cannot intrude on the states’ historic “police power” to regulate employment within their boundaries.
George Fishman, a senior legal fellow at the Center and author of the report, argues that the scholars’ memo is most likely wrong. He said, “If California moves forward with this proposal, I would predict that IRCA will be found to encompass state entities within its employer sanctions regime. But hopefully, good sense will prevail, and the proposal to allow California public universities to hire illegal aliens will never advance beyond advocacy pieces. Authorizing the state to employ aliens not authorized to work under federal law trivializes immigration laws and encourages future illegal immigration.”
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