Thursday, January 2, the California Supreme Court unanimously ruled that an undocumented immigrant from Mexico should be allowed to practice law in the state. Four years after passing the state bar exam then, the 36-year-old can now obtain his law license while his green card paperwork is pending. This landmark decision could spread to other courts, as comparable cases are in New York and Florida courts right now.
Born in Mexico, he was brought to the United States when he was 17 months old. At nine years old, he went back to Mexico, and without sanction returned to the United States when he was 17 years old. He went to community college as he held jobs in a grocery store and on farms. He then worked as a paralegal, attended law school, and passed the bar exam on the first attempt. As he sought to get his law license, he was backed by the California attorney general and state bar officials.
His father works in agriculture and is an American citizen. He sent in a green card application for his son as far back as 1994, and while federal officials accepted the application the following year, the 36-year-old immigrant has still to see his green card. Now, through the state Supreme Court's ruling, he can immediately pursue his goal of becoming a personal injury attorney in Chico, his hometown, while he continues to pursue American citizenship.
This decision by the California Supreme Court was made possible by a recent change in state law, a state law that differs from federal law. In 1996, federal legislators passed a law that explicitly prohibits undocumented immigrants from obtaining a professional license that is issued by a government agency, or that involves public money. The law does say, however, that state legislators can vote to give out these professional licenses to noncitizens. And this past October, California Governor Jerry Brown signed into law a statute that specifically allows undocumented immigrants to obtain a law license. Because of this, the state Supreme Court could decide as they did.
As this is a state law, however, there are still some tricky issues that lie ahead. For example, because of the federal law, can this California-licensed immigrant practice in federal court? And it may be that he cannot appear in any other state's courts. However, immigration advocates have applauded this new ruling, and they hope that this will open further opportunities for immigrants.
Other recent legislation that is changing the field of immigration law includes statutes that allow undocumented immigrants to obtain a driver's license. Nevada and Maryland have just recently incorporated this law, joining California and nine other states that passed such a law in the past year. Also last year, Colorado, Minnesota, Oregon, and New Jersey all began to make in-state college tuition available to noncitizens who arrived illegally; California and ten other states already had this provision in place.
As complex as immigration law is already, it is an area of law that is ever changing, making these vital matters all the more complicated. And only time can tell what the full ramifications of all these new laws will be. But with the help of a legal expert, the field of immigration law is one that you can navigate with success. Learn about your options when you consult with a skilled immigration attorney, a legal advocate who is well-versed in recent laws and who has the experience to provide the counsel you need. You can find the legal representation you deserve when you search our immigration lawyer directory today.