California Supreme Court Rules Undocumented Immigrants Are Eligible for Bar Admission | Practical Law

California Supreme Court Rules Undocumented Immigrants Are Eligible for Bar Admission | Practical Law

On January 2, 2014, the California Supreme Court ruled in In re Garcia on Admission, as a matter of first impression, that an undocumented immigrant may be eligible for admission to the California State Bar. The court held that California's recently enacted state law authorizing undocumented immigrants to be admitted to the state bar satisfies the requirements of Section 1621 of Title 8 of the United States Code, which generally restricts such benefits for undocumented immigrants.

California Supreme Court Rules Undocumented Immigrants Are Eligible for Bar Admission

by Practical Law Labor & Employment
Published on 07 Jan 2014 • California
On January 2, 2014, the California Supreme Court ruled in In re Garcia on Admission, as a matter of first impression, that an undocumented immigrant may be eligible for admission to the California State Bar. The court held that California's recently enacted state law authorizing undocumented immigrants to be admitted to the state bar satisfies the requirements of Section 1621 of Title 8 of the United States Code, which generally restricts such benefits for undocumented immigrants.
On January 2, 2014, the California Supreme Court ruled in In re Garcia on Admission, that undocumented immigrants may be admitted to the practice of law before the California State Bar. The court held that California's recently enacted statute Section 6064(b), which provides that undocumented immigrants may be eligible for admission to the California State Bar effective January 1, 2014, satisfies the exception to the federal Immigration and Nationality Act's general prohibition on undocumented immigrants obtaining professional licenses under Section 1621(d) of Title 8 of the United States Code. (No. S202512, , (Cal. Jan. 2, 2014).)

Background

Applicant Sergio C. Garcia seeks admission to the State Bar of California, however his immigration status is that of an undocumented immigrant. Garcia was brought to California by his parents at 17 months and lived there until he was nine years old, when he was moved back to Mexico. He returned to California when he was 17 years old. Since then, he has continually resided in California, completed law school and successfully passed the bar examination in California. Garcia, who is the beneficiary of an immigrant visa petition filed for him by his father in November 1994, may not be eligible for a green card for two or more years.
After receiving Garcia's application for admission to the State Bar of California, California's Committee of Bar Examiners submitted Garcia's name for admission to the state bar while also submitting certification to the California Supreme Court to decide whether an undocumented immigrant is eligible for admission to the state bar.
The California Supreme Court, as a matter of first impression, issued an order to show cause to determine an undocumented immigrant's eligibility. The court held oral argument in this matter on September 4, 2013 and found that:
  • An applicant's admission to the state bar is generally governed by state law, but in circumstances such as those involving issues of immigration, federal law controls.
  • Section 1621 of Title 8 of the United States Code generally restricts an undocumented immigrant's eligibility to obtain professional licenses.
  • Section 1621(d) expressly authorizes a state to enact a law that confers benefits on undocumented immigrants that they otherwise would not be entitled to under Section 1621(a) and (c), provided the statute:
    • was enacted after August 22, 1996 (the date Section 1621(d) was enacted); and
    • affirmatively provides for eligibility of such benefits.
Shortly after oral argument, the California Legislature enacted Section 6064(b), a statute that enables undocumented immigrants to be admitted to practice law before the state bar, effective January 1, 2014.

Outcome

In reviewing the new California statute, the California Supreme Court held that Section 6064(b) satisfies Section 1621(d)'s requirements because it:
  • Was enacted after August 22, 1996.
  • Explicitly authorizes a bar applicant who is not lawfully present in the US to obtain a law license, and therefore affirmatively provides that undocumented immigrants may obtain the benefit of a professional license.
Furthermore, the court found that no state law or state public policy justifies precluding undocumented immigrants, as a class, from obtaining law licenses in California, noting that:
  • The unlawful presence of an undocumented immigrant is not a sufficient basis for denying admission to the state bar because it does not demonstrate moral unfitness or prevent one from taking an oath to support the Constitution and laws of the US and California, especially when:
    • an applicant has lived in the US for a substantial period of time;
    • an applicant has been educated in the US; and
    • the applicant's only unlawful conduct is his unlawful presence in the US.
  • Although undocumented immigrants admitted to the California State Bar are prohibited from working for a law firm, corporation or public agency by operation of federal law, the inability to provide representation in some legal matters does not necessarily preclude all possible uses of a law license.
  • Federal law restrictions on employment are subject to change, and under current federal immigration policy many undocumented immigrants are now eligible to obtain work authorization.
  • Allowing undocumented immigrants to obtain admission is consistent with the other provisions of California's Business and Professions Code.
Taking into account Garcia's entire life history and conduct, the court found he demonstrated that he possesses the requisite good moral character to qualify for admission to the California State Bar.
The California Supreme Court held that undocumented immigrants are eligible for admission to the State Bar of California and granted California's Committee of Bar Examiners motion for Garcia's admission.

Practical Implications

Undocumented immigrants in California may be eligible for admission to practice law before the state bar, and their immigration status alone will not prevent their admission. Employers should note that the California Supreme Court's holding in In re Garcia on Admission may eventually extend beyond bar licenses into other professions that require state licenses such as doctors, nurses and architects. This decision also may indicate a shift in how courts, at least in California, will interpret and implement immigration policies going forward.