Should Undocumented Immigrants Be Allowed To Become Attorneys

[Formaldehyde]

Here is the ultimate test case. José Godinez-Samperio was nine years old when his parents legally brought him to the US on a tourist visa. But they decided to stay and to illegally live and work here. José graduated as valedictorian from his high school, went to New College which is one of the most difficult to gain admittance in the country because it has free tuition, graduated from FSU with a law degree, and passed the bar on his first try. Then the Florida Board of Bar Examiners refused to even consider his application.

Undocumented immigrant asks Florida Supreme Court for chance to practice law

So they came to the United States 16 years ago on tourist visas and never left. They settled into rural Hillsborough, his father taking a job milking cows on a dairy farm and his mother working at a sliding-glass door manufacturer.

Neither speaks English, though Godínez-Samperio remembers they sat with him after school every night — his father coming in with mud on his boots, his mother covered in dust — and helped with science and math homework.

Because he is undocumented, Godínez-Samperio can't get a drivers license.

He can't legally work, which meant he never bothered to run for student government at New College because the positions were paid. He could not obtain a Bright Futures scholarship or college loans, so he sought private foundation scholarships to pay his way.

Ask him what he does for fun, and he mentions only the camping trips he used to take with the Boy Scouts. He shared a dorm room with two other students and studied most weekends.

In law school, D'Alemberte remembers him as the student who always sat near the front of the class, always participated, always stopped by the office or dropped an email to get a point clarified.

Said Godínez-Samperio: "I didn't have the privilege of being an average student."

He has not tried to hide his status. Last year, he testified to a state legislative committee that was voting on an immigration proposal.

"I am undocumented, unapologetic and unafraid," he said then.

Tampa Bay Times Editorial: Don't deny law school graduate fruits of his labor

He contributed to civic life as an Eagle Scout, high school valedictorian and graduate of New College and Florida State University's College of Law. But to the credentialing arm of Florida's legal profession, Jose Godinez-Samperio is little more than the grown-up version of a 9-year-old whose Mexican parents overstayed their visas after entering the United States. His fight for admission to the Florida Bar captures the senselessness of America's immigration policy, and he should not be punished for the choices made by his parents.

The Board of Bar Examiners blocked Godinez-Samperio's bid to become a lawyer in Florida, ruling the 25-year-old was not qualified because of his status as an undocumented immigrant. The board's executive director maintains that non-U.S. citizens must be legal residents to qualify for Bar admission. The board has asked the Florida Supreme Court to resolve the dispute, which Godinez-Samperio's lawyer aptly characterizes as an abuse of the law and a lack of common sense.

Godinez-Samperio's story, reported by the Tampa Bay Times' Jodie Tillman this week, is one of a child whose legal limbo was not his creation. He and his family entered the country legally, and Godinez-Samperio — as any 9-year old would do — remained with his parents after their tourist visas expired. He learned English, and he distinguished himself in high school, college and law school. He has never hidden his undocumented status or lurked below the radar. He applied for and received a federal tax ID and registered for the military draft with the Selective Service System.

The Florida Supreme Court should see the waste and arbitrariness of allowing a law school graduate to make it this far only to be denied the full use of his achievements. And Americans, and Floridians in particular who enjoy the benefits of such a diverse state of immigrants, should recognize the costs of an immigration policy that denies millions the chance to give back to the communities where they are called friends and neighbors, fellow students and colleagues — and where they call home.

What are your thoughts? Should the children of undocumented immigrants be punished for the acts of their parents? Or should there be some means for them to eventually become legal residents?

 

[warpus]

What are your thoughts? Should the children of undocumented immigrants be punished for the acts of their parents? Or should there be some means for them to eventually become legal residents?

There isn't a way for him to do this? Start some sort of a process to get his citizenship?

 

[Antilogic]

This guy grew up in the US, he's basically American as far as I'm concerned.

 

[luiz]

How come he hasn't gained a residency visa after all this time?

But if he really is undocumented, no country in the world would allow him to practice law. He should have long be given a residency visa, though. Hasn't he applied? Or is the process too tough because he stayed in the US illegally?

 

[Formaldehyde]

There isn't a way for him to do this? Start some sort of a process to get his citizenship?

Nope. AFAIK there is no way at present for the children of undocumented immigrants to ever become legal residents unless they were born here.

 

[Bamspeedy]

There isn't a way for him to do this? Start some sort of a process to get his citizenship?

Getting his citizenship is so much easier if he was here legally.

If he was already in the US legally (on a temporary basis) he could apply for Adjustment of Status (AOS) to become a permanent resident.

Or he can apply to become a permanent resident from his 'home country' which means he would have to leave the US and apply then (Consular processing).

http://www.uscis.gov/portal/site/us...nnel=2da73a4107083210VgnVCM100000082ca60aRCRD

Wiki does mention this:

Amnesties have happened in the past in which illegal residents could petition for citizenship if they could prove that they had been living in the nation for a specified number of years.[citation needed]

I don't doubt it has happened, but yeah, citation needed. Other than the big amnesty in the '80's.

http://en.wikipedia.org/wiki/Citizenship_in_the_United_States#Naturalized_citizenship

 

[Ajidica]

As an undocumented immigrant, I do no think he should be allowed to become an attorney. However, once he gets a visa he should be allowed to.
I have slighly less sympathy than I otherwise would because he knew he was here illegaly.

 

[madviking]

He shouldn't become an attorney, but he should been able to obtain documentation at one point or another.

 

[warpus]

Nope. AFAIK there is no way at present for the children of undocumented immigrants to ever become legal residents unless they were born here.

You'd think that he's the sort of immigrant your country wants - lawful, well educated, has pretty much lived all his life in the U.S. anyway

Wouldn't it make sense to make an exception in his case and give him citizenship? Or is the logic that it would set a bad precedent?

 

[Antilogic]

You'd think that he's the sort of immigrant your country wants - lawful, well educated, has pretty much lived all his life in the U.S. anyway

Wouldn't it make sense to make an exception in his case and give him citizenship? Or is the logic that it would set a bad precedent?

The precedent that people who have lived for years as Americans, grown up in American schools getting good grades, and then became productive members of society should be voting and paying taxes?

Agreed, we should be legitimizing these children instead of ostracizing them.

 

[Glassmage]

Illegal is illegal. What is wrong with this country????? WHY is USA coddling people who broke the laws while citizens get the short stick? I'm a legal immigrant to USA and I had to work hard too. But then again this is about a bunch of lawyers so justice is of course neglected...

 

[Antilogic]

Illegal is illegal. What is wrong with this country????? WHY is USA coddling people who broke the laws while citizens get the short stick? I'm a legal immigrant to USA and I had to work hard too.

The minor didn't make that decision to break the law. Would you say an infant-in-arms, under 1 year old, who was taken across the border and is equally illegal should not be able to practice law?

 

[Ajidica]

Illegal is illegal. What is wrong with this country????? WHY is USA coddling people who broke the laws while citizens get the short stick? I'm a legal immigrant to USA and I had to work hard too.

We have already paid for him to get through public school and he utilized government services such as libraries and roads. Might as well keep him here.

 

[Glassmage]

The minor didn't make that decision to break the law. Would you say an infant-in-arms, under 1 year old, who was taken across the border and is equally illegal should not be able to practice law?

Uh... yes! Your parents break the law so you pay for it. What is wrong with that? So now babies have special rights??

I think this man should be able to be an attorney later after he get his citizenship or whatever in order though.

 

[BvBPL]

But if he really is undocumented, no country in the world would allow him to practice law.

That's not necessarily true. Florida, specifically, requires proof of citizenship or residency before admission to the bar, but the requirements of other states differ. Massachusetts, for example, doesn't seem to have a citizenship or residency requirement.

However, admission to the bar does require a review of the character of the applicant. Living as an undocumented immigrant is an illegal act that would reflect negatively on the applicant. That said, some reviewers might decide that this man's merits outweigh this problem; others might disagree. It seems likely to me that a more liberal state, like Massachusetts, might admit him whereas more conservative states, particularly those states with a special concern about undocumented immigrants, might deny him.

I wonder what the national and state bar associations feel about this guy.

 

[Ajidica]

Uh... yes! Your parents break the law so you pay for it. What is wrong with that?

Many things are wrong with that. Specificaly, you cannot be found guilty because of crimes your parents committed.

 

[Antilogic]

Uh... yes! Your parents break the law so you pay for it. What is wrong with that? So now babies have special rights??

I think this man should be able to be an attorney later after he get his citizenship or whatever in order though.

...

I don't know if "Your parents break the law so you pay for it" is a principle of justice that many would agree with. I'll give you props for being consistent, though.

 

[luiz]

That's not necessarily true. Florida, specifically, requires proof of citizenship or residency before admission to the bar, but the requirements of other states differ. Massachusetts, for example, doesn't seem to have a citizenship or residency requirement.

However, admission to the bar does require a review of the character of the applicant. Living as an undocumented immigrant is an illegal act that would reflect negatively on the applicant. That said, some reviewers might decide that this man's merits outweigh this problem; others might disagree. It seems likely to me that a more liberal state, like Massachusetts, might admit him whereas more conservative states, particularly those states with a special concern about undocumented immigrants, might deny him.

I wonder what the national and state bar associations feel about this guy.

The thought of an undocumented lawyer is pretty bizarre. It certainly would not be acceptable in my country.

By all means I think he should get citizenship, or at least a residency visa. But to practice law without either seems like a stretch. Not that I care if he did, but it sure is bizarre.

 

[downtown]

I'm pretty sure he would have had to leave the country (and thus suspend his studies) to apply for a legal visa. Not really a great option.

 

[warpus]

I'm surprised the U.S. doesn't have a better system in place to deal with situations like these