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Paul Elias
AP
September 5, 2013
A majority of California Supreme Court justices appeared reluctant Wednesday to grant a law license to Sergio Garcia, who graduated law school and passed the state’s bar exam but has been living illegally in the United States for 20 years.
A federal law passed by Congress in 1996 bars immigrants in the country illegally from receiving “professional licenses” from government agencies or with the use of public funds unless state lawmakers specifically vote otherwise.
“Congress wanted political accountability,” Justice Ming Chin said in expressing doubt the court could grant Garcia his license without a specific law enacted by the state Legislature.
Justice Goodwin Liu said it was “commonsensical” that Congress meant to include lawyer licenses in the law.
The five other justices on the court made similar comments, essentially arguing that the law bars them from making Garcia a lawyer unless the state Legislature acts.
The court has 90-days to rule in a case that has garnered national attention, putting the Obama administration against state officials who supported Garcia’s application.
Outside of court, Garcia expressed optimism that the Supreme Court would rule in his favor despite the tough questions asked of the lawyers who spoke on his side during an hour of oral arguments.
If he does lose, Garcia vowed to continue fighting to become a California lawyer either through the state Legislature or in the federal courts.
“This is about trying to live the American Dream and showing other immigrants that hard work and dedication does mean something in this country,” he said.
The state Supreme Court is in charge of licensing lawyers in California and the arguments boiled down to whether public money would be used in its licensing of Garcia. Lawyers for Garcia and the California State bar also argued that Congress meant to exempt attorney licenses from the law because they are issued by courts and not agencies.
A U.S. Department of Justice lawyer argued that Garcia is barred from receiving his law license because the court’s entire budget comes from the public treasury.
“A law license is a professional license,” Assistant U.S. Attorney Daniel Tenney said. “Congress meant to prohibit all professional licenses.”
Garcia arrived in the U.S. illegally 20 years ago to pick almonds in the field with his father.
