May 22, 2012, - 12:01 pm

Illegal Aliens May Soon Be Be Lawyers in California & Florida!

By Debbie Schlussel

It’s kind of ironic that someone here in violation of the law wants to engage in the practice of law . . . and may soon be able to do so. In most states, that very fact would be grounds for automatic disbarment. But not in the granola state, where fruits, nuts, flakes, and everything else that’s absurd is the order of the day. The California Supreme Court may soon rule that an illegal alien can be licensed to practice law in the State of California.


This is the natural progression of the current Obama immigration position. He will not allow Immigration and Customs Enforcement (ICE) to arrest illegal aliens unless they have a very violent criminal record. And, now, they are enjoying all of the rights of American citizens, including probably becoming attorneys and members of the California Bar. That’s the story with illegal alien Sergio Garcia.

The California Supreme Court on Wednesday unanimously agreed to consider whether an undocumented immigrant should be admitted to the State Bar.

Sergio Garcia’s parents brought him to the United States when he was a young child, according to his attorney, Jerome Fishkin of Fishkin & Slatter in Walnut Creek. He graduated from law school and passed the California bar exam in 2009. The Committee of Bar Examiners has recommended Garcia’s admission, which means that he has received a positive moral character determination. . . .

The court has asked for briefs from Garcia and the Committee of Bar Examiners on five questions: Does federal law preclude an undocumented immigrant’s admission to the State Bar? Does state law allow undocumented immigrants to obtain professional licenses in various fields, including the law and medicine? Does a law license imply that its holder can legally practice in California? Are there any legal or “public policy” limits on the immigrant’s ability to practice law? Do any other concerns arise if undocumented immigrants are allowed to practice?

How sad that the Court agreed to hear the case. Even sadder that the Court has asked whether the law precludes an illegal alien from becoming a licensed attorney in any state bar in the U.S. Saddest that our laws apparently don’t explicitly preclude this.

California is not alone in this. Florida’s Supreme Court is also considering admitting illegal alien Jose Godinez-Samperio to its bar.

Both of these men are here illegally from Mexico. Think an American illegal alien in Mexico would be admitted to practice law there? Puh-leeze. He/she’d be laughed out of the country. And no court would even consider the request.

Time for Congress and State Legislatures to step up to the plate and make this specifically and explicitly illegal (but, hey, they made staying here in the cases of both of these men specifically and explicitly illegal–and, yet, both of them are still here . . . and seeking bar admission).

And time for the California Supreme Court to say no to people who are here unlawfully.

The Irreverent Lawyer has more analysis, but, sadly, that site supports the the admission of these illegal aliens to their respective state bars.

Only in America.

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40 Responses

So…they’re breaking the law by being here, but let’s let them PRACTICE law? That’s as screwed up as a football bat. This is the problem with not enforcing our immigration laws. What’s next? Illegals can run for mayor, or Congress…or be police chiefs?

Sean M on May 22, 2012 at 12:20 pm

Yes, I can see the issue here… However, IMHO, seeing as he was brought to the U.S. as a child he cannot be accused of a crime of moral turpitude…

Yes, you could say that he should have left as soon as he was legally of age but let’s face it… The U.S. is all he really knows… All his friends are here… All of his cultural references are here…

Also, if the CA State Bar doesn’t have specific residency/citizenship requirements then, IMHO, there’s no legal barrier for them to admit him to the bar…

As a side bar, this is exactly the kind (hard working, enterprising & educated) of immigrant that the U.S. should allow into the country…

Hans on May 22, 2012 at 12:25 pm

    This person has done nothing to alter their status over the years. Also, you are making some big assumptions about moral character. Passing a criminal background check in this person’s case would be meaningless, since they do not have valid documentation to assess. This person would not even have a proper Social Security number, and thus would have been free to evade taxes and engage in credit fraud. IN applying for college or law school, this person would have furnished another bogus Social Security number. Unless you think it is appropriate for an attorney to be a compound liar, this person should be rewarded for their frauds. It is pretty easy to look good, if you do not have a real record.

    Worry01 on May 22, 2012 at 2:01 pm

Debbie, I totally agree this is absurd and if it weren’t so sad for the US, it would be funny. You can’t make this stuff up but I have a question for you and I’m not baiting or saying this is my position but it will come up. He was a little kid when he was brought to the US so he had no say in that. His parents brought him up to be a good person with the only stain on them being their illegal crossing. The CA bar judges him to be a person of “good moral character” and lets assume that is true. Should he return himself and his parents to Mexico as an act of righteousness? That would in effect be a slap in their faces since in THIS case, they really were seeking the American Dream? I don’t question that a large percentage of illegals are outlaws in every sense of the word so I’m just wondering how you feel about deporting the ones who did make good and can give back to the society? I would say that there should be a system of meritorious citizenship bestowed on such people. They’ve proven they are not a drain on the system and can now contribute much more than anything they may have taken and should be legalized after so many years of productive residence. You need to go after the real criminal illegals who are bringing down American society. I have no illusions that rewarding the good ones will turn the bad ones around but why criminalize those who did just what our grand parents and great grandparents did. Don’t assume they were all “legals.” I assume you know the origin of the term WOP.

Italkit on May 22, 2012 at 12:25 pm

Yes, as it is , always place the blame on the other set of circumstances, it was not the kid’s fault he was brought here, so that gives him the moral right to stay here? Render to the Cesar what is the Cesar’s but does that mean that we as a nation are to make laws to cover every single situation that is not to our likeing? It the lacks of morality and belief in the good book, that compels the U.S. to make more laws,legislate morality is the goal; but it cannot be done. We cannot depend on making all the laws to cover every situation, it must start with a change, a revival of the American peoples, to not support such trash as what does the Kardashians marry this week, what the housewives are fighting about now, whether America has got talent, rebuke all that and start to stand for justice, equality, fairness, and obediance to the law of the Ceasar! get out from the computer or the video games, do not go to McDonald’s for breakfast lunch and dionner and compensate with a Diet Coke. The change must start from within and not just platitudes. It would be a pity indeed if the next step for these two lawyers would be to apply for and get a job at ICE, that is the ultimate insult! As has been posted before, beware of the “dumbing down of America” and remember it starts with YOU!

Rev. Umgana Khicqbouti on May 22, 2012 at 12:47 pm

I’m not in America and that was my question. Is the morally right thing to leave? I happen to believe there are victims in this world who shouldn’t be punished because of the actions of their victimizers, in this case, the parents even tho, they didn’t think they were harming the boy but I think some of your laws need to be revised. As for laws covering every minute aspect of your lives, you have that already if you really look. Your Immigration policy needs sweeping revisions. And while we’re at it, Rev. Umgana, what were your qualifications for getting an immigrant visa and being allowed to stay? What are you contributing? BTW, I’m Jewish, I do not “render unto Caesar,” I render unto God only. If the laws of my temporal residence line up with His law, I follow, if not, I don’t.

Italkit on May 22, 2012 at 12:54 pm

    Your logic really falls apart here. These men were not victims or the children of refugees. Why should they receive a benefit that others have to pay and work for? If some people decided to squat on your property, and you could not get rid of them, would that mean that their children also would inherit that right. I think you would dispute that, since their newly acquired right would render your property ownership meaningless. If you scale up this situation, you are back to two illegal aliens, who never even bothered to change their status, pushing to the head of the line.

    Worry01 on May 22, 2012 at 2:09 pm

    Ah, yes, Mr. Italkit, you do not “render unto Cesar”, is that why yo are3 not in America? And, are you a person of faith untoi the “Jewish” persuasion? Methinks not since you have already writtn the word of the Almighty, that I believe is something that the practicing abstain from because of the law.

    Now then, to your comment about what is moral, should he leave? No, that would not be the moral thing to do, that would be the legal thing to do, the morality comes from the nation that does not reward such behavior in spite of the circumstances. One poster pointed out “how did he survive and get a social security number?” I think both he, and his parents, did everything unlawful to continue the charade and evade the law of the Cesar. What most do not know, or refuse to accept is that at the same time, and the ultimate is in the one you do render to that is the one the bible speaks of, and they have violated many of those laws that are written, for their own selfish benefit. But is that of any consequence to you, or do you find an exception in such behavioir, sort of like a “part-time” believer? Pick and choose what is written to accomodate your lifestyle and views.

    Rev. Umgana Khicqbouti on May 23, 2012 at 8:24 pm

Given that illegal aliens enjoy low cost college tuition and other public benefits – why be against their practicing law?

No one sees anything wrong with it, so this is next logical step. Only in America.

I’m against all of this but our elites do damned well as they please, the rule of law be damned.

NormanF on May 22, 2012 at 1:41 pm

Criminals practicing law. Why complain Congress does it all the time

Clay Leissner on May 22, 2012 at 1:48 pm

    Yeah, but they be doing it legally! Why people think that any mf’er come from another country be better than where they come to, better than ya? They all come from such great countries, then go back to the mf’er. We gots plenty of our own home growed scumbags.

    MF Jones on May 24, 2012 at 12:01 pm

Why not let illegals practice law? We have someone in the White House who hasn’t even proven himself to be a citizen, must less a “native born citizen” as proscribed by the Constitution.

Jerry on May 22, 2012 at 2:21 pm

    Correction. That should read natural born citizen, not native born.

    Jerry on May 22, 2012 at 2:25 pm

Laws? We don’t need no stinkin’ laws.

JeffT on May 22, 2012 at 2:36 pm

Worry, I happen to think that a child brought to a country illegally by his parents, even if they turn out to be hard working, self sufficient and otherwise honest, is a victim. Why don’t you give up everything America has to offer? Do you stay only out of a totally altruistic sense of patriotism? I’m sure that’s part of it but be honest, if you could do better elsewhere, wouldn’t you want to try? I don’t know what’s involved in these young men changing their status and if they can they certainly should. I actually happen to think they should have the moral courage to go back to Mexico but I am realistic enough to know that’s not going to happen and if they have worked to become valuable members of US society, a way needs to be found for them to. That would apply to the parents if they’ve worked and contributed too. I also think however, the young men should not be given licenses to practice law and their right to work should be based on any applicant’s for citizenship, however that works. There are several hundred things one can do with a law degree other than practice as an officer of the court.

Italkit on May 22, 2012 at 3:04 pm

    The answer is that we are not talking about charity, but two individuals becoming lawyers.

    “I’m sure that’s part of it but be honest, if you could do better elsewhere, wouldn’t you want to try? I don’t know what’s involved in these young men changing their status and if they can they certainly should.

    The answer is no. Shoplifting or camping out in someone’s home would make things nicer, but that would not induce me to do those things. It is not a survival issue for those two illegal alien wanna be lawyers either. It is nothing more than imposing on others for non-essential benefit.

    worry01 on May 22, 2012 at 8:22 pm

* for them to do so

Italkit on May 22, 2012 at 3:05 pm

I have an idea. When these illegal lawyers win cases, their opponents should refuse to uphold the court judgements that go in their favor, and point out the precedence of the winners not obeying the law.

The irony would be delicious, and it would be funny to see them screaming to uphold ‘the law’.

Infidel on May 22, 2012 at 3:13 pm

I had read the Florida case a few weeks ago. This is such BS. He should have never been admitted to law school in the first place as he was in violation of the law and made no attempt to even hide it. His admission essay even talked about how he had used false IDs all his life. So, in admitting several active crimes he was involved in, he was still accepted into the school. I believe he should never have been accepted in the degree program in the first place and his essay should have been evidence to arrest him and charge him with multiple crimes. Generally you can’t have a history of breaking the law to become a lawyer. Many have had their chances of becoming a lawyer destroyed for marijuana possession charges or other youthful screw ups like cheating or petty theft shoplifting. This guy has openly admitted to ongoing multiple law violations which would be grounds for disbarment already. This guy is lucky enough that he got the degree in the first place. He can go to his country of actual nationality regardless of whether he’s never lived there and still get a license to practice law there then apply for a work visa and apply for BAR membership then. All while working to legally apply for citizenship. I don’t know if he should even be aloud reentry since he committed fraud to get financial assistance. Maybe I repeat Maybe if he repays the money he swindled to pay for school and followed all the legal steps to straighten out his record, would I then consider letting him back in. Not saying I would, just that then I would think about it. What he is currently doing is an affront and a mockery of the legal system.

MarkSWFL on May 22, 2012 at 3:20 pm

Further thought about it, wouldn’t allowing either of these fools into the BAR set a dangerous legal precedent that would give attorneys a way to argue that our immigration laws are null and void? It could give them carte blanche to argue that there is no need to obtain citizenship since effectively these jokers have gotten pretty much everything a citizen would get. This may have much wider implications then we’re seeing here. Some insight from an actual lawyer would help DS, please Debbie help me figure this out.

MarkSWFL on May 22, 2012 at 3:34 pm

Great article Debbie.

Since I am licensed as an architect in Florida, I checked with my State of Florida Department of Regulation, for architects.

the person there said that in order to sit for the exam to obtain an architectural license in Florida, the person would need a social security number. Period. I asked if they check the SSAN and she said they did not. She said they do not do a background check, no fingerprints, etc. I asked here then could an alien get to be an architect. She said , “well yes”.


Therefor, someone with a phony SSAN could, after going to college for the prerequisite number of years and serve as an apprentice and meet all the other requirements, with a phony SSAN, could sit for the exam.

Since California has case law on this subject, other states all of which regulate the practice of architecture would allow licensure of aliens.

Evidently there are no aliens any more in the US. We have de facto dream act at the Federal level.

Once you get here, however you get here, you are not an alien, but are some kind of citizen. The rule of law is horribly going the way of the buggy whip.

Panhandle on May 22, 2012 at 3:39 pm

Well, I guess they’re just doing the work that American citizens won’t do.

Then again, as suggested above, the other side could include the lawyer’s illegality as a defense on appeal.

Little Al on May 22, 2012 at 3:59 pm

What part of illegal doesn’t anyone understand? Frankly I don’t give a damn how many good things an illegal did, he/she/it is still illegal, period. Import the 3rd world , you become the 3rd world so GTF out of my country.

Drakken on May 22, 2012 at 4:09 pm

We have murderers, drug dealers, bank robbers who were admitted to law school. Many were admitted to the bar. Our legal system has been so devalued by money grubbing law schools, and state bars that are not much better.

Jonathan E. Grant on May 22, 2012 at 4:31 pm

Go ahead and let this guy practice law in CA, but only after he returns to mexico and applies through the normal legal process, not by breaking our laws. Deport him now. He has already admitted to breaking multiple US laws.

And if we the American taxpayer picked up any of his or his families expenses through welfare and public assistance, I want them to return our money now. Go back to mexico, you law breaking, lying scumbag lawyer wannabe. Great, that’s just what America needs, illegal alien lawyers representing other illegal aliens.

Jarhead on May 22, 2012 at 4:42 pm

Just to remind everybody, prior to 9/11 it was possible to get a perfectly legal social security number (though the card specifically stated “not for employment”) for a variety of reasons (e.g. opening a bank account)…

I’m neither a US national nor a US resident but I have such a social security number myself…

Hans on May 22, 2012 at 5:32 pm

    Notice that the squishes on this issue (Hans and Italkit) are NOT American. That says EVERYTHING!

    Hey Hans and Frans (Italkit) pony up and name your country of origin! Let’s see how good you handle non-natives opinions on YOUR laws and constitutions. C’mon, NAME THEM!

    I can always smell the stench of someone with no dogs in the race.

    Skunky on May 22, 2012 at 6:00 pm

What a freaky-deaky state! And I come from Massachusetts! My goodness, they are starkers on the Left Coast!!!

It’s no wonder. The sicko-psychos of California got rid of Gray Davis only almost a decade later to re-elect Jerry Brown! There is a punk rock song about stupid Gov. Brown (from his FIRST term) that is older than most of the OWS pukes! My goodness, the mind boggles…

California Uber Alles!

Skunky on May 22, 2012 at 5:51 pm

So this illegal alien graduated from law school?

I wonder how his expenses for college and law school were financed. Did the taxpayers finance this illegal alien? I wonder what branch of law he will specialize in. Hopefully not constitution law.

But I wouldn’t be surprised if it is immigration law.

Little Al on May 22, 2012 at 8:58 pm

And maybe if he’s admitted to the bar he can run for Congress, and become the first illegal alien (as far as we know) to be in Congress.

He can join the rest of the crooks that are there.

Little Al on May 22, 2012 at 9:01 pm

If I had a dollar for every ICE agent who told me they can’t wait to retire so they can start smoking pot (again)…I could buy dinner for all of us. SKUNKY…just because I live in CA doesn’t mean I drink the Brown Kool-Aid..we are sunk!

#1 Vato on May 22, 2012 at 9:59 pm

Re my prior comment, would it be too much for someone to inspect his school records, both law school and 4-year degree, and ascertain that all information on them is truthful, and that all information on his financial aid applications, assuming this applies, is also truthful?

But then again they gave Bernadine Dohrn her law license, so standards for entry into the legal profession have been eroding for some time.

Little Al on May 23, 2012 at 1:26 am

Skunky, lovely name for a woman BTW, That’s why I asked. I didn’t realize that freedom of speech only applies to citizens. I thought anyone was free to comment. How do you know I don’t have a dog in this race since you don’t know me? As it happens, I’m a Jewish Israeli and it is totally irrelevant to my comment which is why I didn’t bother mentioning it.

Italkit on May 23, 2012 at 3:39 am

    Actually, Freedom of Speech is only something the U.S. government guarantees. A private party is not obligated to allow it. Also, Freedom of Speech does in no way even imply any freedom from criticism. Someone here could tell you to run naked into Gaza in response to your remarks, if they chose to do so. Finally, this is not some quaint academic exercise for people who live in the United States. Would you or other Israelis be happy if your government accepted the odious Palestinian claim to a Right of Return? Part of the Hispanic push in the United States is of Neo-Fascist origins. Ask the Black population what is happening to them at the hands of Hispanic gangs? It is a silent form of ethnic cleansing that has been going on since the early 1990’s. The decline of Black power and influence is not just due to a relative decline in its population in Los Angeles. Sings of this purging can be seen in other areas of California, such as Bell. Other states, such as Arizona and New Mexico are not immune to ethnic cleansing with Hispanic characteristics. The gangs do the dirty work, but the Hispanic community is normally not overly concerned about it.

    Worry01 on May 23, 2012 at 5:40 am

First of all, Skunky, before you go on one of your famous rants, I want to say that I agree with many of your posts so don’t bother with stupid personal attacks here. If you disagree fine but you are not always right about people you don’t know personally.

I agree Worry but unless and until DS censors my remarks, I assume they are acceptable, if not agreeable.

Actually, your comparison to “palestinians” is not valid because that’s exactly the situation we have here. We never annexed or cut free the “territories” so we are left with a bunch of residents who do work for Citizens both Jewish and Arab and who get medical treatment and education. We have Arab MK’s who basically are proxies for the PA, Hamas and any other non-Israeli entity. The thing is, Israel was set up to assimilate Jewish immigrants but the US has always accepted immigrants from every country in the world. I’m not saying you have to, but why throw good people out when you have a huge problem with genuine deadbeats and useless types?
Quite honestly, your claims of “ethnic cleansing” sound like paranoia. That argument is what was used to not annex Judea and Samaria in 1967 but guess what? The Jewish birth rate now exceeds the Arab and it’s not all religious who are doing it. It’s also the argument WASPS used 100 years ago to set immigration quotas on those they considered less desirable. Maybe you Anglos need to start procreating at a rate higher than 1.6 kids per family or whatever it is. The fact is most people outside the US are totally unaware of the fact that Hispanics are attacking Blacks in large organized numbers, which, if I understand you correctly, is what’s going on. Are you sure this is “ethnic cleansing” or is it a turf war in the ghettos akin to the Mafia wars of the last century? That being said, I agree you have a problem but it’s a different one from ours.
One thing that bothers me about this group of commenters, despite many good and thoughtful insights, is your intolerance for questions from outsiders. You’ll talk about the biased media but then when those of us who only have them to rely on, ask questions, you raise your hackles and get defensive. That, quite honestly, is not very convincing as to your accuracy. Why don’t y’all try to have some reasoned dialogue even when you disagree and help enlighten those who may be wrong simply from lack of knowledge?

Italkit on May 23, 2012 at 7:17 am

    Italkit, I trust the readers here to be able to sniff your Liberal leanings out (as I have done…this isn’t your first Liberal-esque post!)for themselves. If you don’t like me calling YOU out on it tough sh**.

    Skunky on May 23, 2012 at 10:09 am

One analogy with Palestinians that also applies is the high level of criminal activity within both Palestinians and illegal immigrants here, and of course there is some overlap between Palestinians and illegals here.

Another similarity is the high level of handouts given to both groups — Israeli (and US) handouts to the Palestinians and the lack of gratitude of both groups.

Most illegals here haven’t yet become terrorists, but one long-range effect of tolerating illegals here (and now attorneys) is to miseducate a massive group here to disrespect our legal system and laws.

Groups and nations have been winning and losing territories for thousands of years. Both we and the Israelis have developed the areas under their control, and there is no doubt that the people there are living better than they would otherwise — it would’t be much of a lapse to total lack of civilization otherwise, since they’re very close to that now. We would just have savages running around in the Southwest and in the few parts of the Mideast where savages don’t already have complete control.

Little Al on May 23, 2012 at 7:27 am

Does anyone know if this illegal wannabe lawyer Garcia is a member of la raza?

Jarhead on May 23, 2012 at 9:46 am

Debbie I agree 99% with your views, but it seems that everytime you write about illegal immigration you post the same picture of latino men standing around smiling at the one grabbing himself while the other is giving the bird. Maybe I am mistaken, but didn’t Hitler had posters portraying all Jews as evil? I don’t think this kid that graduated from college and passed the state bar was at one time standing at corners grabbing his crotch or flipping people off. I agree he should return to his country and request to enter our country legally, but lets not portray him as evil or a monster.

david7 on May 24, 2012 at 1:34 am

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