Thread: Undocumented immigrant wants New York State to let him practice law

Undocumented immigrant wants New York State to let him practice law

A Staten Islander Cesar Vargas, 29, came from Mexico to the U.S. at age 5. He graduated from CUNY School of Law and passed the bar exam. Now he wants admission to the bar. A committee at the New York State Supreme Court’s Appellate Division will decide his fate.

By Erica Pearson / NEW YORK DAILY NEWS
Monday, October 22, 2012, 6:01 PM


Cesar Vargas was brought to the U.S. from Mexico illegally as a child, graduated from CUNY, passed the bar and recently applied to live and work here legally under Obama's deferred action program. He has now asked the bar to admit him.

A Staten Islander who came to the U.S. from Mexico illegally as a 5-year-old is asking New York State to let him practice law.

Cesar Vargas, 29, graduated from CUNY School of Law with a 3.7 grade-point average and passed the grueling New York bar exam on his first try.

On Monday, he mailed his application to be admitted to the bar.

“I want my mom to be able to say, ‘My son is a real lawyer,’ ” Vargas said.

The decision is up to a committee at the New York State Supreme Court’s Appellate Division in Brooklyn.

Vargas expects his answers to two questions may trip up reviewers: “In what country were you born?” and “What is your immigration status?”

“I put ‘Mexico’ and ‘Without status, but see cover letter,’ ” he said.

If accepted, Vargas would be the state’s — and maybe the country’s — first lawyer without legal immigration status. But he may have to argue his case in court first.

Two other immigrant law graduates — a California man brought to the U.S. illegally as a kid and a Florida man who overstayed a visa — are also trying to get licensed. Bar associations in both states have punted the decision to courts.

Jose Perez, associate general counsel at Latino Justice, said his group is prepared to represent Vargas if the committee sends his case to court.

He believes Vargas has a better chance than the other two candidates.

“Each state sets its own requirements in terms of admission to the bar,” he said. “Here in New York, the requirements are basically you’ve graduated from law school, you’ve taken and passed the bar exam . . . and fit what’s called the typical good moral character.”

In Vargas’ bar application, he included letters of support from Brooklyn District Attorney Charles Hynes — for whom he worked as an intern — and U.S. Sen. Richard Durbin (D-Ill.).

Timing may also be in Vargas’ favor. Two weeks ago, he applied for a deportation reprieve and work permit under a program of President Obama’s.

Critics believe allowing Vargas and other young, undocumented immigrants to practice law rewards their parents’ illegal behavior.

But many in the legal community support their bid. In the Florida case, three former American Bar Association presidents filed a friend-of-the-court brief.

Vargas, who graduated from Brooklyn’s James Madison High School and St. Francis College, has become a poster boy of sorts for the stalled federal DREAM Act, which would provide a path to citizenship for young people.

He once dreamed of becoming a military lawyer or a prosecutor.

Now, he’s thinking of starting his own firm. He wants to join up with other undocumented law graduates.

“We’re calling it the DREAM Bar Association,” he said.

epearson@nydailynews.com

Undocumented immigrant wants New York State to let him practice law - NY Daily News

Cesar Vargas, Undocumented Immigrant, Applies To Practice Law In New York

The Huffington Post By Roque Planas
Posted: 10/23/2012

Cesar Vargas speaks on Capitol Hill in favor of a Dream Act amendment on Sept. 21, 2010. (AP Photo/Alex Brandon)
Cesar Vargas filed an application to practice law Monday in New York, forcing the state to become at least the third to consider allowing undocumented immigrants into the legal profession.

As a potential beneficiary of the new federal policy allowing people brought illegally to the United States as children to apply for work authorization, Vargas has reason to hope.

"We're not asking for special benefits," Vargas told The Huffington Post. "I want them to look at my character and who I am, not my immigration status."

Brought to New York from Puebla, Mexico, at the age of 5, Vargas dreams of joining the military to serve in the Judge Advocate General's Corps. (Watch Vargas discuss his military dream in a 2010 press conference below.)
But upon graduating from City University of New York and passing the bar exam last year, he didn't immediately apply to practice law in the state. Instead, Vargas, who has pushed for the federal Dream Act, helped launch the consulting and advocacy firm DRM Capitol Group, which lobbies to pass the federal legislation and supports similar state-level initiatives.

Vargas said the Obama administration's decision this year to defer deportation for people who, like him, were brought to the United States illegally as children made him more optimistic about his chances of becoming a lawyer. The new federal policy allows those under age 31 who arrived in this country before age 16 to apply for work authorization. Vargas, 29, applied for deferred action two weeks ago and has a fingerprint appointment scheduled.

"What's the point of licensing someone if they can't even work?" Vargas said. "With deferred action, we're more hopeful."

He also comes armed with glowing letters of support from people in high places.

"I thought so much of his work ethic that I asked Cesar to be my teaching assistant for my Criminal Law class during his second year at CUNY Law," wrote Michelle Anderson, the dean of the law school. "It is worth noting that there is no prohibition in New York law against a specific category of persons becoming members of the Bar. The Appellate Division should not develop such an unprecedented exclusion."

Another letter, signed by members of Congress including Reps. Nydia Velazquez (D-N.Y.) and Raul Grijalva (D-Ariz.), takes a more general approach:

To deny undocumented students the opportunity to become doctors or lawyers or to practice another profession is to deny the State of New York and our nation the benefits of an educated, talented and tax-paying workforce.

Undocumented immigrants in at least two other states have applied to practice law.

Jose Godinez-Samperio's case is pending before the Florida Supreme Court. The justices appeared to view his request for admission to the bar with skepticism at a hearing earlier this month, according to the Associated Press, but were considering delaying their decision to see if Godinez-Samperio, 25, secured work authorization under the federal deferred action policy. Godinez-Samperio had filed his bar application before President Barack Obama announced the new policy.

The California Supreme Court is looking at a similar case in Sergio Garcia's request for admission to the bar. Although the state bar association has recommended allowing him to practice law, the court is weighing whether his license would conflict with federal laws that prohibit knowingly contracting with undocumented workers and that bar states from providing "public benefits" to undocumented immigrants. At 35, Garcia is too old to qualify for deferred deportation, but could work as an independent contractor, the California State Bar said in a court filing.

Cesar Vargas, Undocumented Immigrant, Applies To Practice Law In New York

I say no go back to your country & Practice
No amnesty Or dream act