Updated 05:03 AM EDT, Thu, Apr 25, 2024

Immigration Reform 2014 News: California Court Issues First Law License to Undocumented Immigrant

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Since being brought to the U.S. from Mexico as a baby, Sergio Garcia has gone to law school, passed the bar examine and obtained a law license, thus fulfilling his lifelong dream of becoming a lawyer. Now he's fighting to legally work in the U.S. The 36-year-old applied for a permanent resident card two decades ago, and he's been waiting ever since. 

On Thursday, the California Supreme Court granted a law license to an undocumented immigrant for the first time ever in order to allow Garcia to practice law in his adopted state. The court ruled that a combination of federal and state laws allows him to obtain the license.

The state bar argued that Garcia was eligible for a law license as he had met all of California's requirements.

Siding with Garcia, the court stated that, "We conclude that the fact that an undocumented immigrant's presence in this country violates federal statutes is not itself a sufficient or persuasive basis for denying undocumented immigrants, as a class, admission to the State Bar," reports CNN.

Garcia rejoiced over the court ruling in a Facebook post, writing,

"With tears in my eyes I'm happy to report I am being admitted to the bar, thank God! This one is for all of you who dare to dream and by doing so change the world! Love you all! History was made today!" he wrote after the court's ruling Thursday.

However, critics are speaking out against the landmark case.

"Aside from all the legal technicalities, the idea that we are having people who are in violation of federal law practicing law is almost 'Alice in Wonderland' kind of logic," said Ira Mehlman of the Federation for American Immigration Reform, adding that "Everything seems to be turned on its head here."

Although Garcia retained a license, the opinion was not clear on how he can apply it. Garcia, the justices wrote, cannot work as an employee of a law firm or any other company because of his undocumented status because federal law prohibits businesses from hiring undocumented immigrants. He could, however, do legal work on a pro bono basis.

The opinion was also unclear on whether Garcia and others in his position can retain their own clients.

"We assume that a licensed undocumented immigrant will make all necessary inquiries and take appropriate steps to comply with applicable legal restrictions and will advise potential clients of any possible adverse or limiting effect the attorney's immigration status may pose," the opinion read, according to USA Today.

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