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Application for Bar Admission by Immigrant Supported by California Attorney General
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Sergio Garcia is living in the country illegally and is a Mexican immigrant. Garcia finished law school by working multiple jobs and taking the money made from publishing a self-help book. Garcia is running into problems with practicing law in California though because he is not in the country legally. He has passed the California bar exam; on the first try no less.

The California Supreme Court is hearing the case regarding Garcia being admitted to the state’s bar, according to CBS News. The case will determine if Garcia is permitted to practice law in the state even though employment would be illegal since he is not in the country legally. A brief was filed with the Supreme Court on Wednesday by state General Attorney Kamala Harris supporting Garcia’s application to the bar. The U.S. Department of Justice will lend input to the court in the case.


Harris wrote the following in the brief submitted to the Supreme Court about Garcia: “Admitting Garcia to the bar would be consistent with state and federal policy that encourages immigrants, both documented and undocumented, to contribute to society.”

Jerome Fishkin, the lawyer for Garcia, said that Garcia deserves the chance to practice law in the state. “Sergio is poster boy for the sort of immigrant that made this country great. He comes here, he works hard, he’s not been on welfare, not taken student loans and worked his way all the way through.”

Larry DeSha is a former state bar prosecutor who said that the issue revolves around whether or not Garcia will be able to uphold the oath. “It is the duty of an attorney to support the Constitution and laws of the United States and of this state. My argument is that includes immigration law, which means not being here illegally.”

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Garcia lives in Durham and finds it offensive to be described as an illegal immigrant. Garcia arrived in the United States illegally as an infant with his family but he applied to become a resident in 1995. Garcia is still waiting for residency 17 years later as the case is pending. Garcia’s father has become a citizen and his mother has become a permanent resident.

“It’s a difficult position. It’s like being in limbo. I don’t belong anywhere,” Garcia said during an interview. Garcia also said that he never thought his status as an immigrant would affect his goal of becoming a lawyer. Prior to Garcia passing the bar, the State Bar of California began requesting the immigration status of applicants. Garcia informed the State Bar that his status was yet to be decided.

“I have done the best I can within my limitations and circumstances to be 100 percent honest and upfront,” Garcia said. The California Supreme Court has been recommended to issue a ruling that favors Garcia by the State Bar.

1 Comment

  1. Dave Francis

    July 22, 2012 at 12:55 pm

    To stop the smothering of America, free from Democratic and Republican dominance, then vote into office as many TEA PARTY candidates as you can? That’s all there is to it? By flooding the Senate and House of Representative, we will have a legitimate people’s party although it’s still part of the GOP. We must oust the Liberal Socialist “Tax and spend’ government, which currently have an agreement with Mexico in giving illegal aliens access to food stamps. Tell me would you want to go home, if you were encouraged to collect citizen’s welfare programs. Out with all those political party members that steal your dollars every year, to pay for wars and insure that the U.S. tax system remains the same, so that the friends and those entities who donate to campaign have pay little or no taxes at all. The American people have it in their power, to reject illegal immigration through voting into Congress, people who will not steal from us, reject the secret immigration of cheap labor from India and other locations created by the Republicans.

    Turn the tide of an unceasing Socialist experiment played by the Democrats and Liberals. The TEA PARTY will let free trade succeed, but will sanction countries as China who are manipulating their currency and cheating us. We cannot trust the Democrats who remain deliberately unconcerned with non-citizens voting. Both parties refuse to enact mandatory E-Verify (H.R. 2885), to eject illegal aliens from businesses, and a Birthright Citizenship law (H.R. 140), that allows a projected 400.000 babies a year who gain citizenship, without a parent holding U.S. citizenship status. With an unparalleled nationwide recession, the Democrats and Republicans have done nothing to reduce the 16 trillion deficits, that this country is now manacled too. The Democrats would rather harass Arizona, because they are the epicenter of illegal immigrants and migrants fleecing the state’s welfare coffers. Anybody who dares to go against the ultra left intent is relentlessly pursued, such as Sheriff Joe Arpaio, or former Rep. Russell Pierce. Incidentally—this country is a nation of laws, but it they are being calculatingly ENGINEERED to fit whatever issue is current, such as giving a illegal alien a right to become an attorney. THIS IS SERIOUSLY WRONG.

    Then we have California, a state labeled as a ‘Sanctuary state’ where illegal aliens are shielded from ICE agents. Never mind the Golden state is now tarnished with a $15.9 billion deficit and climbing, with Nevada following closely. This is not saying that any of the 50 states is not also in financial trouble as very few states are solvent. Over a hundred billion dollars ($ plus) is being “OKAYED” by politicians for foreign nationals, when we cannot even look after their citizens and permanent residents. Individual states have been forced by court unfunded mandates, to enact their laws, otherwise they would be overrun by economic illegal aliens. Investigate federal, state and county elected officials and vote them to the garbage dump, as they are not doing the people’s bidding. Surf the internet and use key words such as ‘Voter Fraud’ illegal immigration costs, sanctuary cities and every issue you can imagine. Join a local TEA PARTY or even survey the ideologies of the party, then you decide who’s best for the job of getting us out of this financial mess. Americans must kill big government, with hundreds of thousands of more workers to provide Obama care.

    Would any citizen ever have thought that they would be victimized, to pay for illegal foreigner’s health care? Why isn’t Mexico, a very rich resource country paying for their own people, instead of loading their poor on us? Why is any foreign nation driving their impoverished here, is it because of this NAFTA agreement. Hundreds of thousands of people from South of our border, were forced to enter our lands because the American businesses took their lands. Yet the Obama administration could alleviate much of the hurt, by adjoining with the Republicans to start opening up oil and natural gas locations. Reopen the coal mines and making America once again a credit nation and not owing the world’s investor’s money. Time is running out and our only chance to relinquish the steel hold of both parties is too vote for the Constitutional TEA PARTY leadership. They cannot stop the TEA PARTY people now as there are too many of us and still propagating.


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