Calif. grants law license to undocumented immigrant

• California Supreme Court rules Sergio Garcia can practice law despite his immigration status
• Garcia challenged a federal law that bars people living in USA illegally from having professional licenses
• Garcia arrived in the USA illegally 20 years ago to pick almonds with his father

The California Supreme Court granted a law license Thursday to an undocumented immigrant, a first-of-its-kind ruling that allows Sergio Garcia to practice law in his adopted state.

The question remains: Can he find work as a lawyer?

The court ruled that a combination of federal and state laws allows for Garcia, who was first brought to the USA by his parents from Mexico when he was 17 months old, to obtain the law license necessary for him to practice law in California.

The opinion was not so clear on how he can use that license.

Garcia, the justices wrote, cannot work as an employee of a law firm or any other company because of his undocumented status — federal law prohibits businesses from hiring undocumented immigrants, and he remains in that status. The opinion said he could do legal work on a pro bono basis.

The opinion was unclear on another option: whether Garcia and others in his position can work as lawyers on their own, retaining their own clients.

"We assume that a licensed undocumented immigrant will make all necessary inquiries and take appropriate steps to comply with applicable legal restrictions and will advise potential clients of any possible adverse or limiting effect the attorney's immigration status may pose," the opinion read.

"This is not completely cut and dried," said Deep Gulasekaram, who teaches immigration and constitutional law at the Santa Clara University School of Law and has been following Garcia's case.

Gulasekaram said potential clients would not endanger themselves by hiring Garcia or any other undocumented immigrant who has been granted a law license. Businesses are required to check the immigration status of prospective employees, but regular citizens entering into contracts are not.

"If you enter a contract, you're not required to go get a Social Security number of the person you contracted with or maintain records of their status," he said. "They're not tasked with figuring out if he's undocumented."

Some were stunned by Thursday's ruling.

"Aside from all the legal technicalities, the idea that we are having people who are in violation of federal law practicing law is almost 'Alice in Wonderland' kind of logic," said Ira Mehlman of the Federation for American Immigration Reform, which advocates for lower levels of legal and illegal immigration. "Everything seems to be turned on its head here."

Garcia, 36, was first brought to the USA by his parents when he was 17 months old. After stints picking almonds and working in a grocery store, he graduated from Chico State University and the Cal Northern School of Law and passed the state bar exam in July 2009. But the state bar wouldn't grant him a law license because of a 1996 federal law that bars people living in the country illegally from receiving professional licenses from government agencies.

During oral arguments in Garcia's case, California Supreme Court justices discussed a provision of that law that allows for undocumented immigrants to receive licenses if a state legislature passes a law allowing it. State lawmakers moved quickly, introducing a bill to do just that in September, and Democratic Gov. Jerry Brown signed it into law Oct. 5.

The law went into effect Jan. 1, and the court ruled the next day that Garcia could be granted his license.

The ruling excited other undocumented immigrants in his position. Cesar Vargas has been fighting a similar fight in New York. After his parents brought him to the country when he was 5 years old, Vargas graduated from City University of New York School of Law and passed the New York state bar exam in November 2011.

Vargas, who is co-director of the DREAM Act Coalition, a group that advocates for undocumented immigrants brought to the country as children, said there are probably hundreds of people in their situation. Although he was preparing to cite Garcia's ruling in his case in New York, Vargas said it's too early to tell how much impact Thursday's ruling will have on other cases.

"It's a great step, but it's only California," Vargas said. "We still have to hear what New York and Texas and Florida and other states say. We still have a state-by-state battle."