Immigration

Undocumented Immigrant: "I Am Being Admitted to the Bar, Thank God!"

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Sergio Garcia, an undocumented immigrant, was officially granted a law license by the California Supreme Court January 1, 2014, after challenging a federal law that barred undocumented immigrants from receiving professional licenses, unless state lawmakers passed a law stating otherwise. While the court was hearing arguments in the case, lawmakers in California passed a bill that was signed by Gov. Jerry Brown, allowing undocumented immigrants to receive licenses.

"With tears in my eyes I'm happy to report I am being admitted to the bar, thank God!" said Garcia on his Facebook page, Jan. 2.

The California Supreme Court had to sign off on all new bar members, and when they found out about Garcia's status, they asked the Obama Justice Department to weigh in on the case, to which the Department said Garcia should not receive a license. From CNN.com:

The Obama administration originally opposed Garcia's admission to the bar, saying that federal law demanded that legislation be enacted granting an undocumented immigrant the right to practice, according to a summary published by lawprofessors.typepad.com.

But the Justice Department backed off in November after California's governor signed a new law that did just that.

The bill, which passed in October and went into effect this week, allows the bar to admit "an applicant who is not lawfully present in the United States (who) has fulfilled the requirements for admission to practice law."

To see Garcia's story, watch, "Can an Undocumented Immigrant Become a U.S. Lawyer?"

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  1. Are there any other ongoing legal violations that the CA bar will overlook, by statute, in order to get you a law license?

    1. Maybe with his new license he can uncover those misplaced documents before he starts drawing Social Security.

  2. Personally, I think people should be free to live wherever they want. But if the authorities know this guy is violating federal law, don’t they have a duty to deport him until the law is changed?

  3. So we have a new lawyer who we already know has contempt for the law.

    1. I suppose you’d be in favor of regularly drug testing lawyers? Wouldn’t want any people who don’t show proper deference to Imperial Decrees to be allowed in the courts.

      1. Yeah, the people whose job it is to argue the law before the judges who decide the law should be given exemption from the laws that everybody else has to abide by. Makes perfect sense.

  4. I see that US citizenship has no value then. At least in the Roman Empire, you could invoke your citizenship as a way to avoid scourging and get due process of the law. So, we aren’t as good as the Roman Empire.

  5. I’m a lawyer in California. And I am pissed about this.

    There is a character and fitness requirement to be admitted to the bar in any jurisdiction in the country. California’s is no exception. A law school classmate of mine was disqualified from admission on the grounds that he had too many unpaid parking tickets, which supposedly evidenced a disrespect for the law and an inability to serve effectively as an officer of the court. That’s the admission committee’s usual level of sensitivity to an applicant’s sins and hypocrisies: they will disqualify you over the most penny-ante shit imaginable, and it does not matter to them at all if you show remorse or try to remedy things. Try again next year, asshole, and pony up the $600 non-refundable application fee all over again.

    I take a backseat to nobody in my contempt for our immigration laws, but the simple fact of the matter is that this dude is guilty — unapologetically guilty — of an ongoing federal felony simply by virtue of his presence in the country. If my classmate with too many unpaid parking tickets isn’t fit to practice law in this state, there is no way Sergio Garcia somehow is . But, oh, his a politically-correct crime, with a huge constituency demanding, pretty much, an exemption from the consequences of their lawbreaking. Garcia’s somehow a victim of the system, and deserves sympathy and special dispensation that parking ticket scofflaws don’t.

    Fuck him.

    1. You should be pissed. I’m also a lawyer who had to go through the character and fitness disclosures and pass an ethics test. Giving non-citizens a law license not only shows a hypocritical contempt for the law (I’m sure your oath of admission required you to swear to uphold the constitution) but also dilutes the value of your license.

      1. I don’t care if they want to admit non-citizens to practice law in the state. I despise the bar-as-guild protectionism bullshit, and given the gigantic oversupply of lawyers the value of my license is pretty negligible anyway.

        What I object to is this sentiment that immigration scofflaws are victims who should not be considered lawbreakers in any real sense, in relation to people whose worst crime doesn’t even rise to the level of a misdemeanor.

        1. I can certainly understand the aversion to a guild system. I can’t tolerate the hypocrisy (which I think you are also upset about) of holding all of us to one set of laws, but holding a certain class to another.

          But I also take citizenship very seriously. It used to mean something even as far back as two thousand years ago. But that’s been the sinister plan all along — to dilute or render meaningless citizenship itself so that the Left could have an endless supply of voters to ensure their endless position of power.

      2. Considering current federal immigration laws are unconstitutional, it’s funny you bring that up. And is anyone saying non-citizens shouldn’t be able to get law licenses? I mean, I can understand why someone would think that illegal immigrants shouldn’t be eligible. But you seriously think a legal non-citizen immigrant should not be allowed to practice law?

        1. Considering current federal immigration laws are unconstitutional

          In what possible way? Just because you think it’s bad law doesn’t make it unconstitutional. SCOTUS’ interpretation of Article 1 Section 8 has consistently affirmed congressional authority to regulate immigration.

    2. Fuck him? More like “Fuck the entire so-called legal system of the State of California”.

    3. Illegal immigration is a civil offense, not an “ongoing federal felony”. Anyone who knowingly hires him without proper authorization is committing a felony.

  6. Only libertarians should be allowed to decide which laws are bullshit and be ignored. Like lying in a deposition about fucking an intern.

  7. Sounds like a serious plan to me dude. Wow.

    http://www.Total-Privacy.us

  8. According to Federal statute, Title 8 US Code, sections 1324 and 1325, this son of a bitch is a FELON. California just allowed a felon to be admitted to the bar.

  9. Fuck the law. Is that about right?

    Call ICE and report this guy. His name and whereabouts are known. Make Obama put himself on record ignoring the law once again; more ammo for the impeachment movement.

  10. Garcia is a licensed attorney? Great! Now just try getting a job, Sergio. Any law firm that hires you will be committing a federal crime under the Immigration and Control Act of 1986.

    1. If he starts a private practice could his clients be charged with breaking that law? After all, they will be paying him for services.

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