January 3, 2014 in Nation/World

California Supreme Court grants law license to illegal immigrant

Jason Dearen Associated Press
 

Garcia
(Full-size photo)

SAN FRANCISCO – The California Supreme Court granted a law license Thursday to a man who has lived in the U.S. illegally for two decades, a ruling that advocates hope will open the door to millions of immigrants seeking to enter other professions such as medicine, accounting and teaching.

The unanimous decision means Sergio Garcia, who attended law school and passed the state bar exam while working in a grocery store and on farms, can begin practicing law immediately.

It’s the latest in a string of legal and legislative victories for people who are in the country without permission. Other successes include the creation of a path to citizenship for many young people and the granting of driver’s licenses in some states.

“This is a bright new day in California history and bodes well for the future,” the Coalition for Humane Immigrant Rights of Los Angeles said in a statement.

The court sided with state officials in the case, which pitted them against the White House over a 1996 federal law that bars people who are in the U.S. illegally from receiving professional licenses from government agencies or with the use of public money, unless state lawmakers vote otherwise.

Bill Hing, a law professor at the University of San Francisco, said the court made clear the only reason it granted Garcia’s request is that California recently approved a law that specifically authorizes the state to give law licenses to immigrants who are here illegally.

The new law, inspired by Garcia’s situation, took effect Wednesday.

It was unclear how many people would qualify to practice law under the ruling and whether it would influence other states. Legislatures and governors in more conservative states such as Alabama and Arizona are likely to be less receptive to the idea.

Garcia, who plans to be a personal injury attorney, said he hoped the decision would serve as a “beacon of hope” to others in the same situation.

But some questions remained unresolved, such as whether Garcia can appear in federal court or in other states. Federal law makes it illegal for law firms to hire him.

Chief Justice Tani Cantil-Sakauye, who wrote the opinion, said the new state law removed any barrier to Garcia’s quest for a license. And no other federal statute “purports to preclude a state from granting a license to practice law to an undocumented immigrant,” Cantil-Sakauye wrote.

Garcia, 36, arrived in the U.S. as a teenager to pick almonds with his father, who was a permanent legal resident. His father filed a petition in 1994 seeking an immigration visa for his son. It was accepted in 1995, but because of the backlog of visa applications from people from Mexico, Garcia has never received a visa number.

The U.S. Department of Justice argued that Garcia was barred from receiving his law license because the court’s entire budget comes from the public treasury, a violation of the federal mandate that no public money be used to grant licenses to people who are in the country without permission.

© Copyright 2014 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.


There are five comments on this story. Click here to view comments >>

Get stories like this in a free daily email