U.S. News

Actions

Legal Hurdles Remain For Undocumented Immigrant Lawyer

California's Supreme Court has ruled 36-year-old Sergio Garcia can be licensed as an attorney even though he doesn't have a green card.
Posted
and last updated

A California man entered the U.S. illegally from Mexico when he was a teen. 

But now, California's Supreme Court has ruled 36-year-old Sergio Garcia can be licensed as an attorney even though he doesn't have a green card. (Via CNN)

Here's why this is important: under federal law, undocumented immigrants are denied professional licenses unless states specifically allow it. Garcia's case has been a hotly debated one. 

"He's trying to short-circuit the process, and jump in the front of the line." (Via Reason)

Garcia's father had applied for a green card for Sergio some 20 years ago. That application was approved in 1995, but he's yet to get the green card. 

So a couple of years ago, when Garcia graduated law school and passed the bar, he hit a snag when his immigration status put his license on hold. 

GARCIA: "I couldn't help feeling ashamed, especially because my whole community celebrated with me. ... Like I had my family down, like everything I had done didn't mean anything." (Via YouTube / JessicaDominguezTV)

And as he waited, his case became the subject of a social media campaign asking California Gov. Jerry Brown to allow undocumented immigrants to be granted professional licenses. (Via Change.org)

California's Supreme Court unanimously ruled Garcia's undocumented status wasn't a reason to deny him admission to the State Bar. (Via YouTube /CaliforniaCourts)

But there's a catch — as the Los Angeles Times points out — Garcia's ability to make a living of it is a different story. 

See, while the justices said Garcia could be a lawyer, they say it's less clear whether he can work for himself or charge fees. As for working for a firm, well, federal law still prohibits hiring undocumented workers. Garcia is expecting to get his green card by 2019.