Court grants law license to man in U.S. illegally

The California Supreme Court granted a law license Thursday to a man who has been living in the United States illegally for two decades, a ruling that advocates hope will open the door to immigrants seeking to enter other professions such as medicine, nursing and accounting.

The unanimous decision means Sergio Garcia, who graduated from law school and passed the state bar exam on his first try, can begin practicing law immediately despite his immigration status, a major victory in the divisive battle over what rights are granted to undocumented immigrants.

The decision is the latest in a string of legal and legislative wins for people who are living in the country without permission. Other successes include the creation of a path to citizenship for many young people and the granting of drivers licenses in many states.

“This is a bright new day in California history and bodes well for the future,” the Coalition for Humane Immigrant Rights of Los Angeles said in a statement.

The court sided with state officials in the case, which pitted them against the White House over a 1996 federal law that bars people who are in the U.S. illegally from receiving professional licenses from government agencies or with the use of public funds, unless state lawmakers vote otherwise.

The Obama position in the case came as a surprise to some, since it adopted a program that shields people who were brought to the U.S. as children, graduated from high school and have kept a clean criminal record from deportation and allows them to legally work in the country.

Lawyers for the federal government argued that Garcia was barred from receiving his license under the 1996 law, but added they would not stand in the way if the Legislature explicitly acted to make it legal for unauthorized immigrants to practice law in California.

Bill Hing, a law professor at University of San Francisco, said the court made clear the only reason it granted Garcia’s petition is that California recently approved a law authorizing the state to give law licenses to immigrants living in the country illegally, a measure inspired by Garcia’s situation. The new law took effect Wednesday.

In its ruling Thursday, the court, which is in charge of licensing attorneys in California, wrote: “In light of the recently enacted state legislation, we conclude that the committee’s motion to admit Garcia to the State Bar should be granted.”

The court also found that Garcia “possesses the requisite good moral character” to be admitted to the state bar.

It was unclear how many people will qualify to practice law under the ruling and whether it will spread to other states. Legislatures and governors in more conservative states such as Alabama and Arizona are likely to be less receptive to the idea.

Garcia, 36, who plans to be a personal injury attorney in his hometown of Chico, said he hoped the ruling would serve as a “beacon of hope” to others in the same situation.