Question:
How come California, the home of the fruits and the nuts, allow an illegal immigrant to practice law?
2014-01-02 16:41:53 UTC
Illegal Immigrant Allowed To Practice Law, California Court Rules

A Mexican immigrant who is living in the country illegally but had graduated from law school and passed the California bar was granted a law license Thursday by the state’s highest court. In a unanimous decision, the California Supreme Court granted a motion filed by the state bar’s Committee of Examiners to admit 36-year-old Sergio C. Garcia
Eight answers:
I Can Count To Potato
2014-01-02 17:03:05 UTC
Because what arent fruits and nuts.... are FLAKES....
2014-01-03 03:53:29 UTC
I know it is a silly idea, but why not actually LOOK at the Supreme Court's ruling.



First, allowing illegal immigrants to enter the professions is specifically ALLOWED by federal law, if the state provides for it. "section 1621 of title 8 of the United States Code . . . generally restricts an undocumented immigrant’s eligibility to obtain a professional license but that also contains a subsection expressly authorizing a state to render an undocumented immigrant eligible to obtain such a professional license through the enactment of a state law meeting specified requirements," and "there is no other federal statute that purports to preclude a state from granting a license to practice law to an undocumented immigrant."



So there is no legal impediment to an undocumented person who has met all other requirements from being admitted to the bar. As far as the moral dimension is at issue:



"We conclude the fact that an undocumented immigrant is present in the United States without lawful authorization does not itself involve moral turpitude or demonstrate moral unfitness so as to justify exclusion from the State Bar, or prevent the individual from taking an oath promising faithfully to discharge the duty to support the Constitution and laws of the United States and California. Although an undocumented immigrant’s presence in this country is unlawful and can result in a variety of civil sanctions under federal immigration law (such as removal from the country or denial of a desired adjustment in immigration status) (8 U.S.C. §§ 1227(a)(1)(B), 1255(i)), an undocumented immigrant’s unauthorized presence does not constitute a criminal offense under federal law and thus is not subject to criminal sanctions." "Under these circumstances, we conclude that the fact that an undocumented immigrant’s presence in this country violates federal statutes is not itself a sufficient or persuasive basis for denying undocumented immigrants, as a class, admission to the State Bar."



As to restrictions upon employment, even if there are any,



"even with regard to an undocumented immigrant who lacks work authorization and faces significant federal law restrictions on his or her legal employment, we believe it would be inappropriate to deny a law license to such an individual on the basis of an assumption that he or she will not comply with the existing restrictions on employment imposed by federal law. Consistent with the provisions of Business and Professions Code section 6060.6,1 foreign law students who have passed the California bar examination and have been certified to this court by the Committee have been admitted to the State Bar, even though such individuals may lack authorization to work in the United States."



This opinion was joined by the entire Supreme Court, all but one of whom were appointed by Republican Governors (Deukmejian, Wilson, and Schwarzenegger). Hardly a bunch of flaming liberals.



BTW, the only thing everybody agrees upon is that this will allow him to practice law in California FOR FREE. He cannot be hired by any firm or government agency, and the federal authorities assert he cannot work independently for compensation, either.



(Oh, you said "fruits and nuts," how clever of you! Wow, I just think that is soooo funny! Nobody ever said that before. You sure showed off your intellectual prowess there!!!)
?
2014-01-03 00:43:38 UTC
It's rather ironic I admit, yes. It'd be even better if he specialized in immigration law.
Margie The K
2014-01-03 00:44:41 UTC
He did something you didn't obviously do - he studied intently and worked hard to get there.



You didn't expect him to spend his life selling horchadas on the sidewalk now, did you?



California is such a nutty state - the Internet was invented there! How crazy!
I know nothing
2014-01-03 00:44:25 UTC
and where you live the weather probably sucks.

but to answer your question, he's in the country illegally through no fault of his own because of what his parents did when he was a child. meanwhile he's been a model citizen, gone to school. etc. that's why.
Bob
2014-01-03 00:42:46 UTC
A convicted murderer can practice law whats your point.
Common Sense
2014-01-03 00:53:10 UTC
You just said it, because it's "the land of fruits and nuts."
2014-01-03 00:43:11 UTC
Maybe he can deport himself now


This content was originally posted on Y! Answers, a Q&A website that shut down in 2021.
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