Immigrant in U.S. Illegally May Practice Law, California Court Rules
Max Whittaker for The New York Times
LOS ANGELES — The California Supreme Court ruled on Thursday that immigrants living in the United States illegally can be admitted to the State Bar and practice law, a major victory in the divisive battle over what rights are granted to undocumented immigrants.
California enacted legislation in October allowing immigrants brought to this country as children by their parents to become lawyers here, making it the first state in the nation to do so. The bill moved rapidly through the Legislature with overwhelming support after the justices suggested in a hearing on the case on Sept. 4 that the matter should be decided by the legislature, not the courts.
The case stems from the quest of Sergio Garcia, a 36-year-old resident of California's Central Valley who passed the bar exam on his first try. But Mr. Garcia is just one of several aspiring lawyers held back by their immigration status. Courts in Florida and New York are grappling with similar cases, and the outcome could have an impact on a growing number of young immigrants who have been granted temporary legal status by the Obama administration.
In its ruling on Thursday, the court wrote: "In light of the recently enacted state legislation, we conclude that the committee's motion to admit Garcia to the State Bar should be granted."
Federal lawyers told the California Supreme Court that while it did not believe that the judges should be able to decide whether unauthorized immigrants could practice law, it would not stand in the way if the Legislature explicitly acted to make it legal in California.
Mr. Garcia was brought to the United States from Mexico as a young teenager and later worked in the almond fields with his father. He graduated from Cal Northern School of Law in Chico and passed the bar exam in 2009. The State Bar recommended his admission, but the case was eventually sent to the State Supreme Court.
Mr. Garcia applied for citizenship a decade ago and used his father, who is now an American citizen, as his sponsor. He is too old to qualify for the Deferred Action for Childhood Arrivals, an executive order by President Obama that allows immigrants under the age of 31 who were brought here by their parents to live and work legally in the United States.
By SABRINA TAVERNISE 03 Jan, 2014
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Source: http://www.nytimes.com/2014/01/03/us/immigrant-in-us-illegally-may-practice-law-california-court-rules.html?partner=rss&emc=rss
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