Mexican-National Lawyers are “Limbo-Land Immigrants:” Neither Legal, Illegal or Citizens, Unable to Practice Law
Black's Law dictionary indicates that a lawyer is a person "learned in the law," such as a solicitor, an attorney, a counselor, or an individual who practices law. Lawyering often occurs in courtrooms, during trails, and in front of jurors. Though, the role of lawyer varies across jurisdiction; and, apparently, the ability to become a lawyer depends on legal status in the United States, even if a non-citizen has met every requirement asked of him, including being granted deferred actions regarding his legal status.
Mexican-national Caesar Vargas is a 30-year-old man who came to the United States illegally at the age of five, making the long voyage with his parents, who sought a more secure life for themselves and their child. Intent on the acquisition of the American dream, Vargas graduated from City University in NYC with a 3.7 GPA, and he passed the bar exam on his first try in 2011. However, when Vargas applied for a law license, he was rejected because of his legal status.
President Obama's DACA program granted Vargas deferred action, but it didn't grant access to professional licenses, which Vargas had assumed. Despite The Committee on Character and Fitness remarking how qualified and capable Vargas was, or the fact that Vargas' bar application included a recommendation letter from Illinois Senator Dick Durbin, Vargas was denied because of his immigrant status.
Jose Manuel Godinez-Samperio was 9-years-old when he voyaged from Pachua, Mexico to the U.S. on a tourist visa. The family, including Jose, stayed even after the expiration, wanting just a piece of the "land of plenty" for themselves.
Godinez-Samperio graduated as valedictorian of his East Tampa high school, won scholarships to New College of Florida, and attended Florida State University College of Law as an undocumented citizen. Godinez-Samperio passed the bar exam on his first try in 2011, but was not eligible to obtain his license due his status. He received support from ABA presidents, a number of Florida lawyers, and many others. Nonetheless, the U.S. Department of Justice filed amicus brief to try to block Godinez-Samperio's admission to the bar, calling him an "unlawfully present alien," despite having been granted deferred action. He's had to put his career on hold, biding his time until he can start his life as a lawyer. In the meantime, he's gone to Capitol Hill to lobby for the DREAM (Development, Relief, and Education for Alien Minors) Act, and he co-founded the DREAM Bar Association.
Sergio Garcia was 17 months old when he arrived in the States with a couple who had U.S. Citizenship. Also, a Mexico-national, he'd been taken to America as part of an arrangement. Garcia's father was too poor to take his son to America himself. He also didn't speak the language or know anyone, so Garcia was given to a legal couple and taken to the United States.
Garcia attend law school and passed the state bar, but it took four years of battling immigration relations, and a visit to the Supreme Court, before he was able to obtain a law license. His efforts made California the first state in the nation to allow undocumented immigrants to practice law. California Gov. Jerry Brown signed the law on Oct. 5.
Vargas' struggle in NY, Godinez-Samperio's battle in Florida, and Garcia's success in California mirrors the struggles of a number of other talented and accomplished undocumented Latinos who wish to obtain their law licenses. The "model noncitizens" were faultless arrivers to this country, and now, with legal immigrant status, they are still unable to access law licenses because the Justice Department states that federal law dictates that only citizens can obtain them, unless a state passes a law that specifically allows it.
Simply being able to go to college is a great challenge for a majority of undocumented citizens, Latino or otherwise. They must consider finances that U.S. citizens don't have to, and they are sometimes asked to do more to prove their worth. To graduate from law school, obtain a graduate degree or secure a specialty degree, can be nearly impossible -and shouldn't be taken lightly.
"The U.S. Constitution requires Florida to educate undocumented students through 12th grade. But few of them, no matter how promising they may be, can go on to college, because they are ineligible for federal loans, Florida Bright Futures scholarships, and federal financial aid. Therefore, only a handful of undocumented students attend college and then earn law degrees. Those who graduate from law school have overcome substantial barriers - language barriers, cultural differences, inadequate finances. Imposing a blanket ban on their admission to the Bar would be a waste of exceptional talent for our profession," said one of Godinez-Samperio's ABA supporters, when they filed an amicus brief on his behalf.
While California granting undocumented individuals the ability to practice law is quite the achievement, there are still 49 other states that needs to adopt this attitude.
"It's a great step forward and provides great precedent for other states ... but we won't be happy until we see that Sergio and others are sworn in by the California bar," said Vargas, whose license case is pending before state bar officials.
The Obama administration is blamed by many for this discrimination against the documented. Many state that the administration proclaims notions of immigration reform, but it won't allow for talented men to become lawyers. Neither a U.S. citizen, nor a naturalized citizen, these men function in the limbo-land of immigrant life, where they won't be deport, but they won't be able to completely access American rights.