Thread: California immigrant's law license bid appears in doubt

California immigrant's law license bid appears in doubt

By Howard Mintz
hmintz@mercurynews.comPosted: 09/04/2013 11:19:09 AM PDT | Updated: about 2 hours ago

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SAN FRANCISCO -- Boxed in by federal law, the California Supreme Court on Wednesday appeared unlikely to allow immigrants to be licensed to practice law unless they've secured legal immigration status first.

During more than an hour of arguments Wednesday, each of the court's seven justices indicated that a nearly 20-year-old federal immigration law blocks them from permitting illegal immigrants to become licensed California lawyers, even if they've passed the State Bar and are in the process of seeking citizenship.


The state's high court is considering the case of Sergio Garcia, a Chico man with a law degree who is urging the state to give him a law license while he goes through the lengthy process of obtaining Sergio Garcia at Durham H.S. where he used to go to school in Durham, Calif. Friday, June 29, 2012. Garcia is an undocumented immigrant who is seeking the right to practice law in a case now before the California Supreme Court. The court recently took up the case, inviting the Obama administration to weigh in on whether federal immigration law bars states from licensing illegal immigrants for such professions as the law. (Patrick Tehan/Staff) ( Patrick Tehan )

legal status in the United States. Garcia sat in the courtroom as the justices weighed whether to take the unprecedented step of licensing an illegal immigrant to become a lawyer.Several justices suggested Congress opened the door for the Legislature to fix the problem, with Justice Marvin Baxter calling it "an open invitation." But the court indicated it is up to legislators, not the Supreme Court, to decide whether immigrants here without their legal papers are entitled to a law license.

"Why doesn't it preclude us from granting a license here?" Chief Justice Tani Cantil-Sakauye said of the federal immigration laws.

Added Justice Joyce Kennard: "The Legislature of California has taken no steps to override the federal statute."

The Obama administration has weighed in against Garcia, arguing that federal immigration law forbids states from giving illegal immigrants any public benefits, including professional licenses.

However, the state board of bar examiners, Attorney General Kamala Harris and numerous civil rights groups have sided with Garcia, urging the court to give him a law license. James Wagstaffe, the bar's attorney, told the justices that Congress never intended to strip the state Supreme Court of its power over licensing lawyers.

"The power to issue law licenses does not come from the Legislature, it comes from the courts," he said.

Some justices, notably Justice Goodwin Liu, did express concern that the federal immigration restrictions might intrude on the court's control over lawyer licensing.

But for the most part, they appeared more focused on language in the law that suggests only state legislators can create exceptions to the ban on public benefits for illegal immigrants.

If Congress wanted to give state supreme courts the power, Justice Carol Corrigan told Garcia's lawyer, "they could have said that."


Garcia, 36, was born in Mexico but spent most of his life, including parts of his youth, in the United States. His immigration status has been in flux since 1994, when he returned from years of schooling in his native Mexico to rejoin his family and finish high school. His father and most of his siblings are citizens, but the sluggish federal visa process, particularly for Mexican immigrants, has slowed his bid for legal status.At the current pace, Garcia estimates he will not get his green card until about 2019.

The Florida Supreme Court is currently considering a similar case. The California Supreme Court has 90 days to rule.

Howard Mintz covers legal affairs. Contact him at 408-286-0236

http://www.mercurynews.com/crime-courts/ci_24014642/california-immigrants-law-license-bid-appears-doubt

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