The Opportunity For All Movement
Undocumented Students Across California Fight for the Right to Work
Since its inception in October 2022, the Opportunity for All campaign has emerged as a relentless force challenging the employment barriers faced by undocumented individuals, particularly students in California without DACA status. Led by University of California students, this grassroots movement has weathered both victories and setbacks, yet their collective endeavors have sparked promising legislative initiatives.
At its core, the Opportunity for All campaign is driven by a clear mission: to establish a legal pathway for the employment of undocumented individuals. Anchored in a robust legal framework, meticulously crafted and endorsed by a coalition of legal experts, the campaign asserts that state governments and entities, including the University of California, are not bound by Immigration Reform and Control Act (IRCA) regulations that restrict the employment of unauthorized individuals.
“The Immigration Reform and Control Act of 1986 (“IRCA”) prohibits States from hiring unauthorized individuals. IRCA’s prohibition likely does not bind State government entities. The Supreme Court has repeatedly held in various contexts that Congress may not regulate State governments absent clear language to that effect. Under that clear statement rule, IRCA’s failure to mention States indicates their governments are not bound. Even apart from the clear statement requirement, under traditional principles of statutory construction, IRCA’s failure to mention States while specifically mentioning Federal entities, along with various other textual signals, suggests the statute likely does not bind State governments.”
Read more from #O4All Campaign Law Scholar Sign-on Letter
Over the past 3 years, student leaders and legal experts have come together to advocate for equal educational and professional opportunities for over 44,000 undocumented students without DACA within California. In May 2023, students secured a critical victory after months of rallying and petitioning compelled the UC Board of Regents to announce their commitment to support the Opportunity for All initiative, with a promise to unveil an implementation plan by November 2023. However, as November approached, students resumed mobilization when the implementation plan was delayed, culminating in a hunger strike as the initiative was shelved at a UC Board of Regents meeting in January 2024.
Despite these challenges, countless students remain dedicated to this cause. This week, we delve into the journey and commitment of Carmen Avendano, a UCLA student involved in the Opportunity for All campaign.
Laura Villalobos: Could you give us some insight into the Opportunity for All campaign?
Carmen Avendano: Opportunity for All was created because student organizers noticed that there are thousands of college students within the California university system who do not have any opportunity to obtain jobs while they are in school and after they graduate. Currently, the only options available to undocumented students are competitive and impacted fellowships or internships. For many of us, these are not enough as they are temporary and offer stipends rather than an actual wage. Undocumented students do not have access to the same opportunities as their peers, which is the issue that Opportunity for All addresses.
The Opportunity for All campaign was primarily focused on the UC system – as the movement started in UCLA – backed by the legal argument that California colleges and universities have the legal authority to authorize hiring to all of its undocumented student population. Many legal experts have backed the campaign and its legal framework through a thorough review of IRCA regulations. The lawyers that work with Opportunity for All have provided the UC Regents with backing documents, from an implementation plan, letters, and reviews of risks and implications that they might be concerned about. But ultimately, UC Regents rejected the plan in January.
LV: What has been your journey in this movement?
CA: I first heard of the campaign in 2020, then in 2023 I attended an event where I connected with the undocumented student program at UCLA. I met Jeffry Umaña Muñoz there, one of the main student organizers, who was also serving as the co-chair of the undocumented student support program. He started telling me about Opportunity for All. Though this was the first time I had heard the name, I was aware that this was an ongoing movement. A lot of undocumented students are not comfortable talking about their status, so when stuff like this is brought up, they get scared and might try to look away. Unfortunately, a lot of us don't have any more hope, and we’ve been conditioned to believe such movements will never go through.
However, hearing him speak about Opportunity for All and his story was very inspiring. This was a month before the UC Regents were going to meet at UCLA after their March 2023 decision to launch an implementation plan, so they decided to organize a march to garner support since the November deadline to implement it was approaching. I found the Opportunity for All movement to be compelling and felt in my heart the need to participate. Before coming to UCLA, my plan was to fulfill my schooling requirements, graduate, and figure it out. Therefore, learning about the campaign was a moment of realization that students here cared not only for themselves but for other undocumented students who were struggling. It touched my heart that there are people who are thinking of me and my future without knowing who I was.
I got involved in the march and that was very, very successful. I believe over 300 students participated. A lot of the UC students from other campuses also came to show their support. In the following events, my way of supporting was showing up. It was a scary time, especially because I did not know exactly what I was getting into. A lot of your passion is fueled by rage, anger, and adrenaline. So at the moment, you didn't feel anything other than anger towards these people who are not listening to us. But once you get out, you start thinking to yourself, "I just did that, I stood up to the people in power fearlessly." And that can be empowering, but it can also be very fear-inducing. Growing up undocumented and as children of immigrant parents we’re taught to never speak about our undocumented status and always listen to authorities. Therefore, chanting “undocumented and unafraid” was empowering and liberating.
Learning about the campaign was a moment of realization that students here cared not only for themselves but for other undocumented students who were struggling. It touched my heart that there are people who are thinking of me and my future without knowing who I was.
Unfortunately, the deadline to present an implementation plan for O4All was postponed till January 2024. We were in limbo, trying to decipher our next steps because the UC Regents had given us some hope that they needed more time, which felt like they were serious about our initiative. At the end of the decision, I felt as if they just wanted to give us false hopes. So fast-forwarding to when they rejected the plan in the meeting in January, it felt like a stab in the back to all of us students.
Weeks before the rescheduled meeting, we received an email that the UC Board of Regents was going to meet in UC San Francisco to make the final decision on the implementation of O4All. They would have 3 days to allow public comment, then they would decide if the initiative would be implemented. I was doing my homework when a student organizer, asked me, "Do you want to come to San Francisco? We're going to take a trip to give our public comments."
I was concerned because I needed to be in school and pass my classes, but another part of me thought
"This is our last push. This is decision day." So I told her to count me in. They planned the whole trip in the span of maybe five hours. In that time, the number of students who planned on attending tripled. So we drove up to San Francisco. We quickly arranged plans for a car rental, where we were going to stay. All that craziness was worth it so that we could stand for what we believed in.”
Propina
The Undocumented Student-Led Network (USN) and its members continue to play a crucial role in this movement. Their collective action and mobilization have made Opportunity for All what it is today. We encourage you to tune in to their social media, offering the latest updates on this movement.
In their latest mobilization alert, they shared that the Undocumented Student-Led Network and Assembly Member David Alvarez of the 80th Assembly District (San Diego), alongside over 8 additional sponsors, introduced AB2586, The Opportunity for All Act, into the California state assembly. Join the movement today.
We’ll see you next week!