California grants right for illegal immigrant to be a lawyer

posted at 8:31 am on January 4, 2014 by Jazz Shaw

This story somehow slipped through the cracks a couple days back, but it’s definitely worth a look. Out in California, a court has ruled that an illegal immigrant can practice law there as an attorney.

Sergio Garcia’s parents brought him to the United States from Mexico nearly two decades ago. He’s been waiting for a green card ever since.

But there’s one thing the undocumented immigrant no longer has to wait for, according to a California Supreme Court ruling on Thursday: his law license.

Garcia can be admitted to California’s state bar and legally practice as a lawyer there, the court ruled.

The New York Times jumped on the bandwagon, and after describing the various hardships that Mr. Garcia has endured, they focus on the big picture.

That changed Thursday when the California Supreme Court ruled unanimously that a law passed last fall by the Legislature allowed Mr. Garcia, 36, to be admitted to the state bar and practice law. What it did not do is address the fact that under federal law, no law firm, business or public agency can legally hire him.

The strange turn of events demonstrates the complicated patchwork of immigration laws that is emerging as Congress remains stalled on an overhaul of the immigration laws and states and courts are stepping in and deciding what rights should be granted to the estimated more than 11 million immigrants living illegally in the country.

This story clearly demonstrates the complicated web which faces immigrants as Congress talks about comprehensive immigration reform, and should remind us that….

HOLD THE DARN PHONE FOR A MINUTE HERE. I need a little help from this soccer guy.

RefYellowCard

Look… I get that there are plenty of people with opposing views on so called “comprehensive immigration reform” and the idea of loosening up the borders. I also understand that there are people who rightly claim that we can’t simply find, round up, detain and deport more than 20 million people in a rapid, reasonable manner with the resources we have available. But give me a break here, media… surely we can catch THIS GUY.

Are there no police officers left on the job? Are the ICE offices completely empty? (Some of you will probably blame sequestration.) But cut us a break. Garcia is showing up at major, televised court appearances and doing interviews on CNN. I think we know where he is. And he’s here illegally by his own admission. Who has the responsibility to show up and inform him that he needs to go for a quick ride and get out of the country?

As Wesley Smith points out at The Corner, even if you did allow this guy to argue a case in court, he wouldn’t even be eligible to sit on the jury he was trying to convince. And yet we have courts arguing that somehow, on the principle of the thing, his rights are being violated if he isn’t given a license to practice law. If you want to know what some Obamacare sized Comprehensive Immigration Reform bill will result in, just read the details of this story.

Of course, since this sounds completely insane to me, I’m clearly a racist.


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Unbelievable—-
Oh, wait, it’s CA…

OmahaConservative on January 4, 2014 at 8:41 AM

Unbelievable—-
Oh, wait, it’s CA…

OmahaConservative on January 4, 2014 at 8:41 AM

No it’s still unbelievable.

whbates on January 4, 2014 at 8:44 AM

He’ll commit perjury the second he swears into the Bar since he is promising to uphold the Constitution of the United States. Any other lawyer guilty of perjury would be removed from the Bar by the State Supreme Court. Unreal.

This guy already got a free pass for driving a car without a license or insurance.

blammm on January 4, 2014 at 8:47 AM

When you google the phrase “lawyer’s oath in California” you will find the first item listed is a promise:

(a) To support the Constitution and laws of the United States and of this state

So now that this guy has swore to uphold the laws of the US is he going to deport himself? Just asking.

Fred 2 on January 4, 2014 at 8:51 AM

In a rational world, his first case would be his own deportation hearing.

TREGONSEE on January 4, 2014 at 8:54 AM

…will Eric Holder interfere?
.
.
.
…I’m getting to the point…why should I obey… any law?

KOOLAID2 on January 4, 2014 at 8:56 AM

This article leaves out some of the relevant details that have been reported elsewhere, like the fact that this guy, who came illegally into the U.S. at age 17, obtained a job here at that age by lying and submitting false identity papers to an employer. He failed to disclose that fact on his bar application, a material omission that the California court rationalized away as having been the result of his following “bad legal advice” when filling out his bar application. The court also excused away another example of his dishonesty — the fact that he had obtained an Oregon driver’s license (after having been cited in California for driving without a license), even though he did not live in Oregon.

Every legitimate lawyer in California should be outraged by this decision.

AZCoyote on January 4, 2014 at 9:07 AM

so is practicing law now also a job that Americans won’t do?

keep the change on January 4, 2014 at 9:09 AM

We already live in surreal times. What difference does it make if we add another bizarre reality to it?

lynncgb on January 4, 2014 at 9:12 AM

…will Eric Holder interfere?
.
.
.
…I’m getting to the point…why should I obey… any law?

KOOLAID2 on January 4, 2014 at 8:56 AM

Eric Holder… LOL

The laws do appear to be arbitrary now… if you belong to certain preferred groups. I blame Bush. He had the goodwill of the people after September 11th and he left the borders open for Texas businessmen and then even tried to pass a form of amnesty. Grrr… No, I don’t miss you, yet. He crawled in a hole the last couple of years of his presidency and didn’t fight Pelosi or any of the Democrats paving the way for the Lightbringer. Grrr… th.

Fallon on January 4, 2014 at 9:19 AM

so is practicing law now also a job that Americans won’t do?

keep the change on January 4, 2014 at 9:09 AM

Bazinga!

Fallon on January 4, 2014 at 9:23 AM

If the guy is trying a case can’t the other side file motions on him being an illegal lawyer?

docflash on January 4, 2014 at 9:25 AM

Cool, since I dont need to pass the bar or go to law school saving me gobbs of money, since a Illegal can be a lawyer, my new name is Ninja Coastie, Esq. Thats it, Im now a Lawyer. Who needs legal standards in the Brave New Obama World? :p

ninjacoastie on January 4, 2014 at 9:28 AM

I also understand that there are people who rightly claim that we can’t simply find, round up, detain and deport more than 20 million people in a rapid, reasonable manner with the resources we have available.

Who said that we can’t do this over five years?

Use e-verify, and that will run a good number of them out on their own.

Starting tracking down the visa-overstayers–their 40% of the illegal immigrants.

And those who have committed any kind of a crime should be on a bus or plane out of here–immediately after we take all kinds of biometric information from them.

For more:

http://www.nationalreview.com/corner/367549/practicing-law-while-illegal-mark-krikorian

In that post, Krikorian points out the the CA Supreme Court indicated that illegal immigrants ought to be a protected class. Are you kidding me?

http://www.nationalreview.com/corner/367544/more-creeping-amnesty-mark-krikorian

BuckeyeSam on January 4, 2014 at 9:31 AM

At this point what difference does it make?

Rio Linda Refugee on January 4, 2014 at 9:33 AM

How can this guy be “an officer of the court” if his very presence is breaking the law?

If the guy is trying a case can’t the other side file motions on him being an illegal lawyer?

docflash on January 4, 2014 at 9:25 AM

Even worse, every person he defends has automatic for appeal – incompetent representation.

Mitoch55 on January 4, 2014 at 9:34 AM

Every legitimate lawyer in California should be outraged by this decision.

AZCoyote on January 4, 2014 at 9:07 AM

Other than Sophie Ro and similar HotAirian members of the bar, I’m wondering if there are any legitimate lawyers left.

Most of the major problems we are facing in the U.S. today (Hell, in the West, period) are caused by people with law degrees who decide that either (a) the law is whatever they want it to be, (b) the law only applies to others, never to them, or (c) both.

This looks like just one more example to me.

clear ether

eon

eon on January 4, 2014 at 9:35 AM

We are no longer a nation of laws, except the purposely ambiguous ones that progressives and RINOs want to interpret bizarrely and turn around and enforce against us.

BuckeyeSam on January 4, 2014 at 9:35 AM

Even worse, every person he defends has automatic for appeal – incompetent representation.

Mitoch55 on January 4, 2014 at 9:34 AM

Good point. New illegal immigrants will likely cross the border, flood his office, and scream that they need to remain in the US while the US courts address the hardship they’ve endured.

BuckeyeSam on January 4, 2014 at 9:37 AM

. I blame Bush. He had the goodwill of the people after September 11th and he left the borders open for Texas businessmen and then even tried to pass a form of amnesty. Grrr… No, I don’t miss you, yet. He crawled in a hole the last couple of years of his presidency and didn’t fight Pelosi or any of the Democrats paving the way for the Lightbringer. Grrr… th.

Fallon on January 4, 2014 at 9:19 AM

…E X A C T L Y ! ! !

KOOLAID2 on January 4, 2014 at 9:38 AM

Coming soon. GITMO detainees joining the Marine Corp

rik on January 4, 2014 at 9:45 AM

Coming soon. GITMO detainees joining the Marine Corp

rik on January 4, 2014 at 9:45 AM

can they do 3 pull-ups?

Rio Linda Refugee on January 4, 2014 at 9:54 AM

The U.S. is little more than a corporate entity and the CEOs can bring in whoever they want from anywhere and make them part of the “team”…look at the Kenyan goat herder for example…because after all we are a nation of immigrants, the Statue of Liberty and all that.

The rest of us are rather in the position of being disgruntled workers with a union (TEA Party), but no longer want to be bothered picketing/protesting or God forbid go on strike.

So we get what we deserve because as a group we’re still waiting for some Reaganesque leader to come in and fix everything…next elections, for sure! Uh huh. Yep.

Dr. ZhivBlago on January 4, 2014 at 9:57 AM

And more from NRO today.

http://www.nationalreview.com/article/367518/ice-shell-game-diane-black

BuckeyeSam on January 4, 2014 at 9:58 AM

Lawbreaking lawyers in California…

Shocking…

workingclass artist on January 4, 2014 at 10:05 AM

anyone that hires him is guilty of a crime too.

dmacleo on January 4, 2014 at 10:10 AM

It’s hard to predict who’s going to hit rock bottom first,California or NYC.It’s pretty damn close!

jeffinsjvca on January 4, 2014 at 10:11 AM

Seems to me the court would want his status of illegal to be rectified and he made legal. If he’s not been able to get a green card since he’s lived here, maybe the court should have ordered the immigration service to grant him one if he qualifies.

Rewarding people in an illegal status goes contrary to what justice is supposed to be all about.

iamsaved on January 4, 2014 at 10:12 AM

I also understand that there are people who rightly claim that we can’t simply find, round up, detain and deport more than 20 million people in a rapid, reasonable manner with the resources we have available.

wanna bet?

dmacleo on January 4, 2014 at 10:13 AM

Coming soon. GITMO detainees joining the Marine Corp

rik on January 4, 2014 at 9:45 AM

can they do 3 pull-ups?

Rio Linda Refugee on January 4, 2014 at 9:54 AM

They do wear dresses, so I’m not sure.

rik on January 4, 2014 at 10:20 AM

Garcia likes to adhere to the laws that appeal to him and ignore the ones that don’t. A perfect fit for Zero’s way of thinking.

rik on January 4, 2014 at 10:22 AM

I think the bigger question is why is it taking 19+ years to get a visa? Why is the govt sitting on paperwork for 2 decades? This entire situation reeks.

Alibali on January 4, 2014 at 10:31 AM

That poor chicken…
I didn’t know it was a resident of CA?

-Wasteland Man.

WastelandMan on January 4, 2014 at 10:37 AM

But give me a break here, media… surely we can catch THIS GUY.

Jazz make big joke, but the truth he is pointing out is that the left has no interest in “catching” illegal immigrants. They do not recognize the illegality in illegal immigration, and have enacted police policies in the Dem-controlled cities to not only leave illegals alone, but to make them locally legal residents.

They offer taxpayer-funded college tuition discounts, all manner of taxpayer-funded government services, drivers licenses, de facto amnesty (as RINO dopes like to say before they wholly endorse such policies). Liberals do not recognize the sovereignty of our national borders or the value of our citizenship.

If this sort of term weren’t banned as excessive, I would think they are un-American.

Jaibones on January 4, 2014 at 10:39 AM

What does that say of America when the courts are corrupt?

sadatoni on January 4, 2014 at 10:49 AM

Why doesn’t California show how “tolerant” and “enlightened” they are by just removing the border fences and Border Patrol? They might as well.

Decoski on January 4, 2014 at 11:07 AM

Some lame actor will star in a movie about this.

“Freedom Lawyers’, or something like that.

tomas on January 4, 2014 at 11:19 AM

The big picture is how can you justify convicting anyone in CA of a crime? Whether you agree with the law or not it’s still the law. Once you go down the path of deciding which laws you will enforce solely based on some sort of moral compass you make all laws irrelevant.

bandutski on January 4, 2014 at 11:31 AM

Would be good to see some judge exercise his ‘Right’ to throw this lawyer out of his courtroom.

TimBuk3 on January 4, 2014 at 11:40 AM

A local radio host/lawyer, very liberal, went on a rant about this decision yesterday. His point is that if we void immigration law because we feel sorry for this guy, the law in its entirety is done, there is no such thing as illegal immigration. He says the purpose of the law is to protect the interests of the United States, not well meaning immigrants. The court just switched and said, no, our interests don’t count any more. If this stands, the game is over.

Starting at about 14:30.

PattyJ on January 4, 2014 at 12:24 PM

Perhaps coming soon to an Assembly or State Senate district near you: the same court ruling that illegals can serve in the state legislature?

Sacramento on January 4, 2014 at 1:21 PM

As Wesley Smith points out at The Corner, even if you did allow this guy to argue a case in court, he wouldn’t even be eligible to sit on the jury he was trying to convince. And yet we have courts arguing that somehow, on the principle of the thing, his rights are being violated if he isn’t given a license to practice law. If you want to know what some Obamacare sized Comprehensive Immigration Reform bill will result in, just read the details of this story.

Thing is, the text of the Fourteenth Amendment seems pretty clear on this. From Section 1:

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Illegal or no, this guy gets equal treatment under State law. The proper remedy for this is, of course, to deport him. But prohibit him from getting a State law license? It doesn’t seem consistent with our Constitution as written.

NorthernCross on January 4, 2014 at 1:34 PM

Ugh, let’s try that again…

As Wesley Smith points out at The Corner, even if you did allow this guy to argue a case in court, he wouldn’t even be eligible to sit on the jury he was trying to convince. And yet we have courts arguing that somehow, on the principle of the thing, his rights are being violated if he isn’t given a license to practice law. If you want to know what some Obamacare sized Comprehensive Immigration Reform bill will result in, just read the details of this story.

Thing is, the text of the Fourteenth Amendment seems pretty clear on this. From Section 1:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Illegal or no, this guy gets equal treatment under State law. The proper remedy for this is, of course, to deport him. But prohibit him from getting a State law license? It doesn’t seem consistent with our Constitution as written.

NorthernCross on January 4, 2014 at 1:34 PM

NorthernCross on January 4, 2014 at 1:39 PM

And thus the Republic crumbles.

Cleombrotus on January 4, 2014 at 1:47 PM

So courts grants right for illegal immigrant to be a lawyer. What’s next? Will the courts grant the right for an illegal immigrant to become preside…Wait. This is so déjà vu.

jpmotu on January 4, 2014 at 1:56 PM

How did the idea become mainstream that we somehow owe citizens of other countries here illegally ANYTHING?!?!? We dont and that needs to be repeated and asked over and over again till people wake up. They are already citizens of their own countries and no one is stopping them from having their families together in their own countries. They should get exactly what we owe them….nothing! Illegal aliens are NOT immigrants. Immigrants come here following our laws and want to contribute and become part of our culture. Illegal aliens by and large come here and go on welfare, do not assimilate and when polled do not hold allegiance or even like the United States.

Caseoftheblues on January 4, 2014 at 2:12 PM

Just what America needs, more scumbag lawyers.

FloatingRock on January 4, 2014 at 2:27 PM

California grants right for illegal immigrant to be a lawyer

This is a good thing, just like New York’s new mayor & company. (and Obamacare, for that matter.)

The New Left always preached “heightening the contradiction” as a means of forcing change.

Alinskyism is based on the same template of carrying idiotic policy out to it’s absurdest conclusions.

Sit back and enjoy the spectacle – don’t lift a finger to help these dopes save them from themselves.

Pass the popcorn.

Bruno Strozek on January 4, 2014 at 3:01 PM

Precedent for allowing the world court and other one world order bodies to adjudicate in the USA.

This is really bad.

Murphy9 on January 4, 2014 at 8:38 PM

nor deny to any person within its jurisdiction the equal protection of the laws.”

Illegal or no, this guy gets equal treatment under State law.

NorthernCross on January 4, 2014 at 1:34 PM

so you are saying question 9H is unconstitutional?

http://www.instapunk.com/images/BATF_Form_4473a.png

Lifeisdeath on January 5, 2014 at 12:58 AM

As a lawyer myself, albeit a temporarily unemployed one, this ticks me off.

Othniel on January 5, 2014 at 4:27 AM

Who will sue?

An applying legal alien would be nice.

profitsbeard on January 5, 2014 at 12:46 PM

These are not the illegal aliens you seek.

claudius on January 6, 2014 at 9:14 AM