Tuesday, September 3, 2013

May a Dreamer Practice Law?

In the case described in the quote below, the Administration is opposing a Dreamer's application for admission to the bar, to which he has a right under California law. The Administration presumably is trying without success to mollify anti-immigrant hostility, but the case gives the courts a chance to emphasize the constitutional rights of immigrants. You need a reason other than irrational fear to deprive someone of their rights: United States v. Schwimer (1928) (Holmes, J. dissenting).
"On May 16, 2012, the Supreme Court issued an order directing the Committee of Bar Examiners to show cause why the court should grant the committee's motion to admit Sergio C. Garcia to the State Bar as a licensed attorney. This question presented by the case is whether an undocumented immigrant who has graduated from law school and passed the California bar examination may be admitted to the California Bar or whether such admission is precluded by any federal statute or for any other reason. The Committee of Bar Examiners certified his name to the Supreme Court for admission to the State Bar. The bar notified the court of Garcia’s immigration status at the time the motion was filed. The Supreme Court’s order directed the Committee of Bar Examiners and Garcia to file briefs in support of the Committee’s motion and invited others to file amicus curiae briefs in the Supreme Court. The order specifically invited amicus participation by the Attorneys General of California and the United States."
Thank you to Immigration Professor for details and links.