Should Sergio Garcia be able to practice law?

Should illegal alien Sergio Garcia be allowed to practice law?

  • Yes

  • No


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LSN80

King Of The Ring
No, I'm not referring to the golfer. This Sergio Garcia is a 36 year old man who came to the United States when he was 17, and since, attended Cal Northern School of Law in Chico, California. He worked his way through school by bagging groceries, and has now passed the Bar exam in California. However, Garcia is not being granted a law license. Why? Join me on the other side after reading the article.

http://www.huffingtonpost.com/2013/09/04/undocumented-immigrant-lawyer_n_3865036.html

Garcia is an illegal alien who's been living in the United States for the past 20 years. He came to the United States from Mexico when he was just a 2 year old child, and after returning to Mexico at age 9, he returned to the United States at age 17, specifically California, where he's been living for the past 20 years. It was at that time Garcia applied for citizenship, and he's still waiting to get a answer.

That was 1994.

I'm not an expert on Immigration policy or its laws, but it seems fairly far-fetched to me that a man who would apply for citizenship almost 20 years ago has heard nothing, yet his case is now before the California Supreme Court. In 1996, the United States Congress passed a law barring illegal immigrants from receiving professional licenses of any kind from government agencies, specifically, through usage of public funds. The exception? If state lawmakers vote otherwise, which is where Garcia has gone. And though an official decision isn't expected for another 90 days, the seven justices on the California Supreme Court all expressed doubt that Garcia's petition would succeed. Among the comments came these from Justice Ming Chin and Justice Goodwin Liu:

Chin:
"Without a specific law enacted by the State Legislature, it's doubtful the court could grant Garcia his license. Congress wanted political accountability."

Liu:
"It was commonsensical that Congress meant to include lawyer licenses in the law."

I'm not sure if the justices are encouraging State Legislature to pass such a law, which would take longer than ninety days. But here's the rub: California Attorney General Kamala Harris is Garcia's biggest public supporter, who has said the following:

"The issuance of law licenses isn't a federal matter but up to states to decide."
Perhaps the state could act, and allow those like Garcia, who came to the U.S. and applied for citizenship, to be granted licenses. It would take some time, but such a law is within the jurisdiction of state Legislature to pass. Garcia, whether it be through law or the California Supreme Court, is getting anxious, as a recent Facebook post of his shows:

"I have a career lined up with the potential of offering employment to U.S. Citizens, no criminal record anywhere and have been in limbo for the last 19 years. Where the hell is my American Dream? Lol".
One could argue that Garcia has a sense of entitlement, the same that the workers striking at McDonald's have. The difference is that Garcia has done something about it. He went to community college before going to law school, working his way through the entire time. He passed the Bar Exam on the first try, something that over 50% of Americans fail to do.

With all of this in his favor, it seems a slam dunk that Garcia should be granted a law license, does it not? That's what my heart tells me. My head? It says otherwise.

The man wants to fight to uphold the laws of the state and country that he himself is in violation of. Instead of applying for temporary citizenship and then coming to the States, he came in illegally, and has been living here illegally ever since. Do I feel for the man? Absolutely. He applied for citizenship in 1994, and it's yet to be granted. But that's my heart talking.

My head says otherwise. If I were to hedge a bet, it's due to the fact that he came to the country illegally, and has been living here illegally since, which makes him a lesser priority then those who have applied in the legal fashion.

There's something larger at stake here, and that's the idea that someone who's lived outside the law for his entire adult life being able to practice law. If the California Supreme Court(doubtfully) acquiesces his request, or legislation passes a law allowing illegal immigrants to receive professional licenses, it opens Pandora's Box for other people who have come to the country illegally to receieve licenses as well. I suppose they can be picky and selective, and Garcia the man would definitely be the type they'ld take. Other than living in violation of civil law by living in the country illegally, he's been a model 'citizen', no pun intended. But he did come here illegally when he was 17, instead of waiting for like those who do come legally and thus are afforded equal rights.

Garcia shouldn't have it both ways. He wants his 'American Dream', but he didn't go about pursuing it the right way. Is it a shame he hasn't received an answer yet on his request for citizenship? Sure. But it wouldn't be a worry if he had entered the country legally in the first place. And he shouldn't be able to practice the very law he's breaking on a daily basis.

My heart says yes, but my head? No. And if I were a Justice on the California Supreme Court, that's how I'd vote.

If you were a justice on the California Supreme Court, would you vote to allow Sergio(not the golfer) Garcia to practice law? Why or why not?

You know the drill. Thoughts, comments, discussion, all welcome. Let's hear it.
 
Really simple, practical solution here: get Garcia's citizenship approved, then remand the case to a lower court for reconsideration once this has happened. If I were on CA's Supreme Court, I wouldn't touch this case with a ten-foot pole. There is absolutely no need for this case to be at the level it is at, especially when the Pandora's Box you allude to can be avoided by just lighting a fire under some lazy bureaucrat's ass.
 
The man wants to fight to uphold the laws of the state and country that he himself is in violation of.

In a store my Dad owned, he had a customer for years named Manny, a hard-working, pleasant, responsible guy in his 40's. When he stopped coming in, we asked his fellow employees at the machine shop he worked, and found that Manny had returned to his home in New Jersey a couple weeks before and was arrested for an armed robbery charge from 20 years before.

We were mad as hell at the system, asking "How can they do this to Manny after 20 years?" "Can't they see how sedate and responsible he is?" "Why punish him for something from so long ago?"

Yeah, well it didn't take long to realize the stupidity of our position. Armed robbery is a serious charge; just because Manny had avoided detection for 20 years didn't make it any less serious, right? The fact he's become a responsible "asset" to society doesn't change what he did back then. Manny must have figured New Jersey would have "forgotten" his past crimes, so he took a chance on visiting.

Tough rocks, Manny. (We never saw him again.)

Same principle with Sergio Garcia. There are laws against entering and living in this country illegally. No matter how many years ago you did it and no matter how responsible and productive you've been since, it remains illegal.

I have no opinion on whether Garcia should be allowed to practice law here. He's going through the proper channels and if he can get the authorities to agree that he's used the past 20 years well and it would be beneficial to Garcia and the state for him to work in his chosen profession, then fine.

......but if they decide that the law is the law....and the notion that someone who has broken the law all these years being allowed to function as an attorney (of all things) is totally ludicrous.......that's okay, too.
 
I am going to make this very simple. An illegal alien, breaking the law simply by still being here, is not fit to practice law. You cannot flaunt the law while defending it. It just doesn't work that way. Whether he applied for citizenship 2 decades ago doesn't matter. Applying for citizenship is not the same thing as having citizenship.

When he gets his citizenship, maybe. But not until then.
 

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