Thread: ALIPAC: Undocumented immigrant seeks admission to Florida Bar

Undocumented immigrant seeks admission to Florida Bar


State Supreme Court to consider whether lack of legal status can bar FSU grad


By Rafael A. Olmeda, Sun Sentinel 2:56 p.m. EDT, April 15, 2012

Can an immigrant without a green card get a Florida Bar card?
Aspiring lawyer Jose Godinez-Samperio, 25, a Tampa area resident, is hoping the answer is yes.

A native of Mexico who entered the United States legally with his parents 16 years ago on a tourist visa, Godinez-Samperio is a graduate of the Florida State University College of Law, the valedictorian of the Armwood High School class of 2004, an Eagle Scout — and an undocumented immigrant.

That last quality may keep him from achieving his dream.
The Florida Board of Bar Examiners, which grants membership to the Bar, has asked the state Supreme Court to determine whether it can accept someone who is not in the country legally. The Supreme Court flagged the case as "high profile" last week.

"No one who has shown this guy's level of contempt for American law should be practicing law," said William Gheen, president of Americans for Legal Immigration, a political action committee that opposes amnesty for undocumented immigrants.

Tom Fitton, president of the conservative watchdog group Judicial Watch, agreed.
"He can't practice as a lawyer," Fitton said. "He is not legally able to work in the United States. … It seems to me that it would be an absurdity to give him a Bar card at this point."

Neither Fitton nor Gheen was aware of the Florida case before it was flagged as "high profile" last week. Similar applications are pending for students in California and New York.

But Godinez-Samperio, who once described himself as "undocumented, unapologetic and unafraid," has influential allies who believe his immigration status should not keep him from getting a license to practice law, even though federal statutes would forbid him using that license to earn a living.

His attorney and former law professor, Sandy D'Alemberte, is a former Democratic member of the Florida House of Representatives from Miami, a former president of FSU and a former president of the American Bar Association.

"It is unfair to deny him the credentials he's earned," said D'Alemberte, noting that there's nothing in the "Rules of the Supreme Court Relating to Admissions to the Florida Bar" that requires applicants to prove their immigration status.

In fact, D'Alemberte said, Godinez-Samperio has been candid about his status at every opportunity, disclosing it on college and law school applications (his application to law school included an essay titled "The Consequences of my Criminal Childhood," although being in the country illegally is a civil infraction, not a crime).

Immigration advocates have lobbied Congress to pass the Development, Relief, and Education of Alien Minors (DREAM) Act, which would provide a path to citizenship for undocumented children who were brought to this country by their parents and raised in the United States. Congress has yet to pass such a law.

The Board of Bar Examiners began requiring exam-takers to submit proof of immigration status in 2008, but waived that policy for Godinez-Samperio, who disclosed his status and argued that documentation was not required as a rule for admission to the Bar.

There's no way of knowing whether any undocumented immigrant was accepted before 2008, and Godinez-Samperio is the first to apply for membership since.
The distinction between policies and rules goes to the heart of Godinez-Samperio's position, D'Alemberte said. "Rules have to be made by a Florida Supreme Court process," he said. "The Board of Bar Examiners is attempting to adopt a new rule without going through that process, after Jose has already complied with every current rule."

D'Alemberte acknowledged that his client, who stayed with his parents long after their tourist visa expired, is subject to detention and deportation. But he said it is not the Florida Bar's place to enforce federal immigration law. "We have agencies charged with enforcing those laws," he said.

Three other former American Bar Association presidents, two of whom once headed the Florida Bar, are siding with Godinez-Samperio. In a friend-of-the-court brief on his behalf, Tallahassee attorney Martha Barnett, Tampa attorney William Reece Smith Jr., and Miami attorney Stephen Zack (who escaped from Cuba and came to Florida with his family when he was 14), argued that denying Godinez-Samperio's admission would be "a waste of exceptional talent for our profession."

Agreeing with D'Alemberte, they suggested Godinez-Samperio can practice law in Florida if he takes on cases pro-bono.

Godinez-Samperio, who declined to be interviewed for this article, also has the support of his local congresswoman. U.S. Rep. Kathy Castor, D-Tampa, wrote in a letter to the Supreme Court that taxpayers are already investing time and money by educating undocumented students through and after high school. "To deny these students the opportunity to become doctors or lawyers or practice another profession is to deny the state of Florida and all of our neighbors an educated and talented workforce," she wrote.

DREAM on hold: Supreme Court considers Florida Bar admission for undocumented immigrant - South Florida Sun-Sentinel.com

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Undocumented immigrant seeks admission to Florida ... - Sun Sentinel

MSM coverage.
USA TODAY

Apr 16, 2012

Can an undocumented immigrant be admitted to the Fla. Bar?

By Douglas Stanglin, USA TODAY Updated 2h 33m ago

Florida Board of Bar Examiners is asking the state Supreme Court to determine whether it can admit someone who is not in the country legally, the Sun Sentinel reports.

The issue involves aspiring lawyer Jose Godinez-Samperio, 25, a Tampa-area resident and native of Mexico who entered the United States with his parents 16 years ago on a tourist visa and didn't leave.

In the meantime, he became valedictorian of his high school class of 2004 and graduated from the Florida State University College of Law.

"No one who has shown this guy's level of contempt for American law should be practicing law," William Gheen, president of Americans for Legal Immigration, a political action committee that opposes amnesty for undocumented immigrants, tells the newspaper.

Godinez-Samperio's a attorney and former law professor, Sandy D'Alemberte, who is also a former state lawmaker, former president of FSU and former president of the American Bar Association, disagrees, arguing that "it is unfair to deny him the credentials he's earned."

Some supporters say that while Godinez-Samperio would not be permitted to earn a living legally as an undocumented immigrant, he could handle pro bono cases with a Bar card.

The Sun Sentinel says the state Board of Bar Examiners began requiring exam-takers to submit proof of immigration status in 2008, but waived it for Godinez-Samperio, who disclosed his status and argued that documentation was not required as a rule for admission to the Bar.

Should he be admitted to the Bar?

Yes 30%

No 70%

Vote TOTAL VOTES: 340
Latest results

Can an undocumented immigrant be admitted to the Fla. Bar?

Should he be admitted to the Bar?
Yes
62%
No
38%
TOTAL VOTES: 1084 Latest results

Should he be admitted to the Bar?

Yes 64%

No 36%

TOTAL VOTES: 1229

Sandy D'Alemberte can't be a very knowledgeable lawyer if he thinks illegal entry into this country is a "civil" matter instead of a crime. Under US Code, illegal entry is a CRIME, not a civil matter. D'Alemberte should be sent back to law school.

8 U.S.C. § 1325 : US Code - Section 1325: Improper entry by alien

(a) Improper time or place; avoidance of examination or inspection;
misrepresentation and concealment of facts

Any alien who (1) enters or attempts to enter the United States
at any time or place other than as designated by immigration
officers, or (2) eludes examination or inspection by immigration
officers, or (3) attempts to enter or obtains entry to the United
States by a willfully false or misleading representation or the
willful concealment of a material fact, shall, for the first
commission of any such offense, be fined under title 18 or
imprisoned not more than 6 months, or both, and, for a subsequent
commission of any such offense, be fined under title 18, or
imprisoned not more than 2 years, or both.

(b) Improper time or place; civil penalties
Any alien who is apprehended while entering (or attempting to
enter) the United States at a time or place other than as
designated by immigration officers shall be subject to a civil
penalty of -
(1) at least $50 and not more than $250 for each such entry (or
attempted entry); or
(2) twice the amount specified in paragraph (1) in the case of
an alien who has been previously subject to a civil penalty under
this subsection.
Civil penalties under this subsection are in addition to, and not
in lieu of, any criminal or other civil penalties that may be
imposed.

(c) Marriage fraud
Any individual who knowingly enters into a marriage for the
purpose of evading any provision of the immigration laws shall be
imprisoned for not more than 5 years, or fined not more than
$250,000, or both.
(d) Immigration-related entrepreneurship fraud
Any individual who knowingly establishes a commercial enterprise
for the purpose of evading any provision of the immigration laws
shall be imprisoned for not more than 5 years, fined in accordance
with title 18, or both.

8 U.S.C. § 1325 : US Code - Section 1325: Improper entry by alien

Illegal re-entry is a felony.

Can an illegal immigrant become a lawyer?

Denny Henry for msnbc.com usnews.msnbc April 24, 2012

Jose Manuel Godinez-Samperio at Capitol Hill on April 19. He is an undocumented immigrant, brought to the U.S. from Mexico as a child, who is seeking his law license in Florida in what appears to be a landmark case.
By Miranda Leitsinger, msnbc.com


Jose Manuel Godinez-Samperio was brought to the United States from Mexico by his parents when he was nine years old. Sixteen years later, he had graduated from his Florida high school as class valedictorian, become an Eagle Scout, completed college and law school, and passed the state bar exam.

But one big accomplishment eluded him: citizenship. Godinez-Samperio is in the country illegally, which could keep him from achieving another part of his American dream: becoming a lawyer.

In what appears to be a landmark case, the Florida Supreme Court is going to consider whether Godinez-Samperio has the right to practice the law -- a decision that could impact others who hope to follow in his footsteps.
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“It makes me feel that we’re living in a … historical moment. I really think the last time something like this happened was when African Americans and women were admitted to the bar,” he told msnbc.com. “I think if we win this, it’ll be another historical civil rights mark.”

Godinez-Samperio is pressing his case as the national debate over illegal immigration heats up. On Wednesday, the U.S. Supreme Court is set to hear oral arguments on the constitutionality of Arizona’s strict anti-illegal immigration law. And last week, Godinez-Samperio was in the nation’s capitol to lobby for the Dream Act, which would provide a path to legal status to some adults who came to America illegally as children. Supporters are making a renewed push for the legislation after it failed in the U.S. Senate in 2010.

Some 11.5 million “unauthorized immigrants,” as the Department of Homeland Security calls them, lived in the United States as of January 2011. Of that, 6.8 million were from Mexico, like Godinez-Samperio, according to the department’s Office of Immigration Statistics.

Godinez-Samperio’s journey to the law began when he and his parents left their home in Pachuca, Mexico. They came on tourist visas, which they overstayed. He didn’t know English and it was a few years before he began to realize what his immigration status was and what it meant for his future.

He couldn’t get a social security number or a driver’s license, he didn’t have access to most financial aid, he couldn’t work for compensation and has been ineligible for most internships and awards, according to an essay he submitted for his law school application.

But he said he managed to get private scholarships to help pay for his education, and volunteered where he could -- such as helping domestic violence victims obtain immigration relief.

“For me, it’s very important to show that I have been a contributing member of society (the) entire time I have lived in this country,” he said. “ … there’s no reason why I shouldn’t be allowed to contribute even more … with a green card.”


When Godinez-Samperio applied to take the bar exam last year, he sought a waiver because he didn’t have proof of his immigration status, which is required by the Florida Board of Bar Examiners who administer the test. States set their own requirements for those seeking to become a lawyer.

His request was granted. Godinez-Samperio took the bar exam in July and found out in September that he had passed. He was ecstatic, until he learned in November that the board was going to seek an advisory opinion from the state supreme court on whether undocumented immigrants are eligible for admission to the Florida Bar.

Denny Henry for msnbc.com

Cesar Vargas at Capitol Hill on April 19 to launch a Dream Act-related campaign. He is an undocumented immigrant from Mexico, brought to the U.S. as a child, who is pushing for immigration law reform.




“I had mixed feelings,” he said. “I knew that it was going to be an interesting trajectory that I was about to begin.”

That journey has included a number of filings from the board and his attorney, Talbot “Sandy” D’Alemberte, as well as a few friend-of-the-court submissions from groups supporting his application, including three past presidents of the American Bar Association.

“It’s the first time it’s ever been addressed in Florida, and I think it’s probably the first time it’s been before a supreme court anywhere in the country,” said Thomas Arthur Pobjecky, the board’s general counsel.

The board determined it was “a really serious matter” and decided to seek out the court’s guidance in these types of cases, which they expect to see more of in the future.

“If the law says you cannot employ -- or it’s against the law to employ -- somebody who is not legally in this country, then when we say … here is a license to practice law in this country, are they not also implying that you can hire this person and go ahead and pay him and everything else? So there is a concern,” Pobjecky said. “Once the Florida Supreme Court licenses somebody to be a lawyer, they’re putting their stamp of approval on that person.”

But D’Alemberte questioned why the board would let his client sit the exam if they did not intend to give him a license.
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“It just seems to us fundamentally unfair after he’s complied with every valid rule not to just go ahead and admit him to the bar and leave to the immigration service whether he is complying with immigration,” he said.

The possibility that undocumented immigrants could receive law licenses doesn’t sit well with some.

“I know what the policy ought to be, which is that … someone who doesn’t have the right to be in the United States shouldn’t be admitted to the bar, period,” said Mark Krikorian, executive director of the Center for Immigration Studies, a Washington think tank that supports tighter immigration controls.

“This is trying to steal a base. In other words, they’re trying to skip over the debate over whether people in his situation should get legalized,” he added. “It’s one more way of trying to create a de facto legalization.”

Cesar Vargas, an illegal immigrant from Mexico who has passed the bar exam and is in the process of applying for his law license in New York, has started a group, the Dream Bar Association, to advocate for people in his position. Membership numbers about two dozen, and includes those interested in going to law school to those who have passed the bar.

“We’re basically throwing the judicial branch into the immigration debate … through our cases,” he said.

In California, Sergio Garcia, 35, an illegal immigrant, has been awaiting a decision since he passed the bar exam in 2009. Because the admissions process is confidential, neither Garcia nor the bar could speak about his application, though a bar spokeswoman said citizenship was not required to be accepted.

Thomas Fitton, of conservative Washington watchdog Judicial Watch, said the idea of an undocumented immigrant working as a lawyer in the U.S. was “preposterous.”

“These are kind of, in some ways, public relations stunts, but you know, we’ll see what happens … the whole notion of it is at odds with the rule of law and undermines federal immigration law,” he said. “I think those who’ve passed the bar should focus on making themselves legal as opposed to bypassing the law.”
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But others feel that admission should be done on a case-by-case basis, taking into account whether a specific applicant has met the moral character test of the application, said Stephen N. Zack, a former ABA president who has filed a brief in support of Godinez-Samperio.

“You can’t take one finite point and say that that is an absolute determination of a person’s character,” he said. “You have to look in a holistic way at the person’s life story and here, you have an exceptional person.”

He also noted that bar candidates like Godinez-Samperio could offer some unique services, with the nation heading to a “majority minority” status in the decades to come.

“We need people who can reach out and provide access to communities that … have historically not had access, and this is the kind of person that is ideal to provide that to the future generations,” he said.

Video: Immigration officials mistakenly deported Dallas teen

Godinez-Samperio, who would like to work in immigration law, continues to research his case and to work on promoting the Dream Act.

“This is a huge fight for me and for a lot of people,” he said.

Despite the challenges and the uncertainty, he doesn’t regret going public before a Florida legislative committee in April 2011 with his status, which few were aware of before.

“I decided to come out with my story because I’m undocumented, unapologetic and unafraid,” he said. “In telling the truth, I am risking my liberty, but that’s what a lawyer is about, is about telling the truth … so I’m being as honest as I can possibly get, even to the point of risking my liberty.”


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