First Case Of The Year Grants Admission Of Undocumented Immigrant To The State Bar.

An undocumented immigrant’s [the California Supreme Court said its use of this term refers to a person who is not a U.S. citizen and who is in the U.S. but who lacks the immigration status required by federal law to be lawfully present in this country] name was submitted for admission to the California State Bar by the Committee of Bar Examiners. One of the primary issues faced by the California Supreme Court was 8 U.S.C. § 1621 that generally restricts an undocumented immigrant’s eligibility to obtain a professional license but that also contains a subsection expressly authorizing a state to render an undocumented immigrant eligible through the enactment of a state law. A few weeks after the Supreme Court heard oral argument on this matter, Business and Professions Code section 6064 was amended, authorizing the court to admit “an applicant who is not lawfully present in the United States [who] has fulfilled the requirements for admission to practice law.” The Supreme Court stated:  “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.”  (In re Sergio C. Garcia on Admission (Cal. Sup. Ct.; January 2, 2014) 58 Cal. 4th 440, [315 P.3d 117; 165 Cal.Rptr.3d 855].