The decision announced by the US DOJ (Department of Justice) here on 2nd August puts a big question mark on the ability of a large number of undocumented immigrants having requisite law qualifications to start practice in the US.
Ruling for Undocumented immigrants—Meanwhile, the Supreme Court in California is yet to arrive on any decision whether or not to grant authority to an undocumented immigrant named Sergio Garcio, a Mexico-born, who was brought to the US unlawfully by his parents when he was an infant. He possesses the educational qualifications required to practice law in the US.
He has law school qualifications, has cleared the bar, but he is still waiting for beginning his practice as an advocate. Why? Because, he is an undocumented immigrant in the US.
He did make an application for a US visa way back in 1994 and is still awaiting any decision by the US immigration authorities.
What does the 1996 law say--As per the attorneys of DOJ, federal provisions with regard to employment of undocumented immigrants must be enforced by the US government. They further added in the 17-pages that the state court proceedings, should not, in any way, have any right especially when it comes to the issue of state licensing.
As per the 1996 legislation, undocumented immigrants are not liable for getting public benefits in the US. the sole aim of this law was to preclude undocumented immigrants from getting any professional or commercial licenses either by federal or by the state government. This was revealed by the lawyers of the US DOJ.
It may be worth mentioned here that 35-year-old Garcia currently residing in Chico was given permission by the Committee of Bar Examiners of the State Bar along with state Attorney General Kamala Harris,to be allowed to get admission in the bar saying the states are left by the US law to take up such issues.