In re Sergio Garcia, Amicus on behalf of Asian/Pacific Bar Assoc. of Sacramento and La Raza Lawyers of Sacramento

Joshua Kaizuka

Case Conclusion Date:January 2, 2014

Practice Area:Licensing

Outcome:The Committee's motion to admit the applicant to the State Bar was granted.

Description:The Supreme Court concluded that Bus. & Prof. Code, § 6064, subd. (b), removed any potential statutory obstacle to the applicant's admission posed by 8 U.S.C. § 1621. The fact that an undocumented immigrant is present in the United States without lawful authorization does not itself involve moral turpitude or demonstrate moral unfitness so as to justify exclusion from the State Bar, or prevent the individual from taking an oath promising faithfully to discharge the duty to support the Constitution and laws of the United States and California. The fact that an undocumented immigrant's presence in this country violates federal statutes is not itself a sufficient or persuasive basis for denying undocumented immigrants, as a class, admission to the State Bar. Existing federal limitations on the employment of undocumented immigrants do not justify excluding such persons from admission to the State Bar. There is no state law or state public policy that would justify precluding undocumented immigrants, as a class, from obtaining a law license in California. The applicant met his burden of demonstrating that he possessed the requisite good moral character to qualify for a law license.

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