http://tinyurl.com/mr2rjqt SAN FRANCISCO — A majority of California Supreme Court justices appeared reluctant Wednesday to grant a law license to Sergio Garcia, who graduated law school and passed the state's bar exam but has been living illegally in the United States for 20 years.
A federal law passed by Congress in 1996 bars immigrants in the country illegally from receiving "professional licenses" from government agencies or with the use of public funds unless state lawmakers specifically vote otherwise.
"Congress wanted political accountability," Justice Ming Chin said in expressing doubt the court could grant Garcia his license without a specific law enacted by the state Legislature.
Justice Goodwin Liu said it was "commonsensical" that Congress meant to include lawyer licenses in the law.
The five other justices on the court made similar comments, essentially arguing that the law bars them from making Garcia a lawyer unless the state Legislature acts.
The court has 90-days to rule in a case that has garnered national attention, putting the Obama administration against state officials who supported Garcia's application.
Outside of court, Garcia expressed optimism that the Supreme Court would rule in his favor despite the tough questions asked of the lawyers who spoke on his side during an hour of oral arguments.
If he does lose, Garcia vowed to continue fighting to become a California lawyer either through the state Legislature or in the federal courts.
"This is about trying to live the American Dream and showing other immigrants that hard work and dedication does mean something in this country," he said.
Somehow I have lived all this time laboring under the impression that even lawyers believed in the rule of law. Which is why this intereloper's actions irritate me. Three years in law school, learning all the theories and philosiophies about how and why the laws are the way they are, and the first thing you do is to try and not just evade but actively break the law. That's the kind of lawyer that I'm sure everybody will be lining up to retain - not.
That, and the fact that if he had been the 17-month old child of an American citizen who illegally entered Mexico he would get the same treatment from the Mexican government but there would be no army of professional advocates for his "right" to get a law license and practice law in Mexico, and the only public outcry would be over the fact that he had not yet been deported.
I agree that it sucks to be the "victim" of the illegal acts of your parents. But your argument ought to be with them, not with trying to evade the law even further. Take your law degree back to Mexico and see if they will give you a law license. Or go through the process of trying to become legal here.
stay safe.
