Can an Illegal Immigrant Practice Law in California?
Sergio Garcia came to the United States when he was just 17 months old. He became a California resident permanently when he was 17 years old. He has been on a waiting list for almost 19 years to obtain a green card, which he was originally approved for because his father had one.
Garcia was told the process to get his green card would take three to five years. While he was waiting, he graduated from college and law school. He passed the California bar exam four years ago.
The only step left for Garcia to officially become a California attorney is to be sworn it. However, nobody will swear him in.
California law allows anyone with some form of legal status, including people in California on a student visa to obtain a law license.
The California attorney general supports Garcia’s right to become a lawyer, notwithstanding his illegal status. The State Bar of California and a former state Supreme Court justice also support Garcia’s bid to become a licensed attorney.
However, the U.S. Justice Department opposes his admission to the California State Bar because they do not support providing such status to someone who is in this country illegally. Garcia’s opposition believes nobody should swear him in because he becomes illegal the moment he puts his hand down and, thus, he cannot fulfill his duties to uphold federal law.
The California State Supreme Court is being called upon to make the decision.
It seems to Wallin & Klarich that we need lawyers who know what it is like to fight for legal status in the United States. Garcia could use his law license to advocate for those that are being deported unlawfully. He has spent most of his life in the U.S. and California is his home. Yet, he has been forced to wait almost 19 years to receive his green card. He has met all of the requirements to become a lawyer in California. It doesn’t seem fair that he is not allowed to practice law and continue his life in California.