California grants law license to "illegal" immigrant

[garbon]

http://news.yahoo.com/california-grants-law-license-immigrant-184611205.html

The California Supreme Court granted a law license on Thursday to a man living in the United States illegally who graduated from law school and passed the state bar exam.

The decision means Sergio Garcia can begin practicing law despite his immigration status.

Garcia had challenged a 1996 federal law that bars people living in the country illegally from receiving professional licenses from government agencies or with the use of public funds, unless state lawmakers vote otherwise.

Shortly after the court heard arguments in the case, California Gov. Jerry Brown signed a state law that authorized the granting of the license. The new law went into effect Jan. 1.

Garcia arrived in the U.S. illegally 20 years ago to pick almonds with his father and worked at a grocery store and in the fields while attending school.

The case has pitted the Obama administration, which opposes licensing Garcia, against state officials who have supported him.

The Obama position in the case came as a surprise to some, since it adopted a program that shields people who were brought to the U.S. as children, graduated from high school and have kept a clean criminal record from deportation and allows them to legally work in the country.

At a hearing in September a majority of the state Supreme Court justices appeared reluctant to grant Garcia the license, saying the law prohibits them from doing so unless the Legislature acts.

The court is in charge of licensing attorneys in California.

Lawyers for the federal government argued that Garcia was barred from receiving his license because the court's budget is funded by public money.

But Garcia said his case is about showing other immigrants that hard work and dedication mean something in the U.S.

Garcia, 36, worked in the fields and at a grocery store before attending community college. He became a paralegal, went to law school and passed the bar on his first try. He applied for citizenship in 1994, and is still working toward that goal.

His effort has been supported by State Bar officials and California's attorney general, who argued that citizenship status is not a requirement to receive a California law license.

[The Brain]

A lawyer who is a criminal?

[sbr]

I know nothing about any of this, but my uninformed position is that if he was able to pass the test/ fulfill the requirements for the licence he should get the license.

I also feel that state motor vehicle departments should not be in the immigration/citizenship business.  If you prove you can drive you should get the licence.

I am a little confused/concerned how an illegal immigrant can make his way al the way though to finishing law school; I would prefer to see that fixed and state licencing bureaus focus on giving out licences to those who have shown they are capable of doing what is required for the licences.

[Barrister]

I find it bizarre why you would license someone to be able to work aw a lawyer when that person has no legal right to work in that country.

I just double-checked - sure enough the form to become a lawyer in Alberta does have a check box for 'I am a Canadian citizen or permanent resident'.

Of course for that matter you also have to prove that you have legal residence in Canada before getting a drivers license.

[Ed Anger]

America is doomed. ANOTHER FUCKING LAWYER.

[Admiral Yi]

I find it bizarre why you would license someone to be able to work aw a lawyer when that person has no legal right to work in that country.

This.

Also, what's with the quotation marks around "illegal?"

[Caliga]

I would have assumed that the law school would have asked the same question on their app, BB, and further that if he had answered truthfully there he probably would not have been admitted.

[Barrister]

I would have assumed that the law school would have asked the same question on their app, BB, and further that if he had answered truthfully there he probably would not have been admitted.

Doubt it very much.  Universities accept foreign students all the time.  There's a whole visa category for student visas - but those people are very clearly told they have to right to work in the country.

It's one of the oldest "illegal immigrant" stories of all - student comes to the US to go to university, graduates, their visa expires, and they stay in the country illegally.

[garbon]

I find it bizarre why you would license someone to be able to work aw a lawyer when that person has no legal right to work in that country.

This.

Also, what's with the quotation marks around "illegal?"

They hadn't had illegal in the original article headline. And then educated liberal that I am, I always feel a bit guilty calling someone illegal when it is their residency that is illegal.

[Caliga]

Doubt it very much.  Universities accept foreign students all the time.  There's a whole visa category for student visas - but those people are very clearly told they have to right to work in the country.

It's one of the oldest "illegal immigrant" stories of all - student comes to the US to go to university, graduates, their visa expires, and they stay in the country illegally.

Yeah, but this dude came here to pick fruit, not to go to college.  I know that people stay behind after their visa expires, but he never had one in the first place, which was my point.

[Barrister]

Doubt it very much.  Universities accept foreign students all the time.  There's a whole visa category for student visas - but those people are very clearly told they have to right to work in the country.

It's one of the oldest "illegal immigrant" stories of all - student comes to the US to go to university, graduates, their visa expires, and they stay in the country illegally.

Yeah, but this dude came here to pick fruit, not to go to college.  I know that people stay behind after their visa expires, but he never had one in the first place, which was my point.

I was just pointing out why I doubt whether a university would ask for proof of citizenship.

[Caliga]

Hmm, well I haven't applied to college in going on 20 years, but I swear I was asked that very question on my college application.

[garbon]

Doubt it very much.  Universities accept foreign students all the time.  There's a whole visa category for student visas - but those people are very clearly told they have to right to work in the country.

It's one of the oldest "illegal immigrant" stories of all - student comes to the US to go to university, graduates, their visa expires, and they stay in the country illegally.

Yeah, but this dude came here to pick fruit, not to go to college.  I know that people stay behind after their visa expires, but he never had one in the first place, which was my point.

I believe California allows illegal immigrants to graduate from state universities.

[garbon]

I know nothing about any of this, but my uninformed position is that if he was able to pass the test/ fulfill the requirements for the licence he should get the license.

I also feel that state motor vehicle departments should not be in the immigration/citizenship business.  If you prove you can drive you should get the licence.

I can understand that sort of - but then at the same time, you are granting privileges that really should be reserved for citizens/legal immigrants.

[Caliga]

I believe California allows illegal immigrants to graduate from state universities.

If it was any other state, I wouldn't believe you.