Justice Department Says Illegal Alien Can’t Practice Law in California
The U.S. Department of Justice weighed in on a case before the California Supreme Court in which an illegal alien is requesting permission to obtain a law license and practice law. In a brief to the court, Justice attorneys said federal law prohibits giving public benefits, such as a bar license, to an "unlawfully present alien."
The Justice Department brief, which the state’s high court requested, said that federal law was "plainly designed to preclude undocumented aliens from receiving commercial and professional licenses issued by states and the federal government."
Chapman University law professor John Eastman agrees and believes that Justice’s intervention will make it more difficult for the court to admit Sergio Garcia, the illegal alien in question. Eastman said, "Given the Department of Justice brief, that would be a fairly lawless step to take."
California Attorney General Kamala Harris argued in her brief with the court that federal law does not apply in this case because the state high court, which issues law licenses, is not a state agency. The Justice Department said federal law does apply, however, because the court receives state funding.
The court has not said when it will issue a ruling in the case. Garcia’s lawyers said the case may turn on whether the state bar has residency or citizenship requirements.
Residency was at issue when California enacted a law that offers illegal aliens another public benefit - in-state tuition at the state’s universities and colleges. The legislature crafted the law in a manner that avoided a conflict with separate federal law, which bans in-state tuition for illegal aliens unless it is also offered to persons in other states. California avoided the residency issue by basing eligibility on having graduated from a California high school. The U.S. Supreme Court upheld that law in 2010, saying that it applied to both "unlawful aliens" and others who met the requirements.
Former California Supreme Court Justice Carlos Moreno, who wrote a brief that favored Garcia on behalf of the state bar association, said the Justice Department’s position could have broader ramifications if accepted by the California Supreme Court. Moreno said that it could affect licensing for illegal aliens in jobs ranging from cosmetology to building contracting. "If you take the broad interpretation they are taking,” Moreno said, “it could have wide ramifications for cities and counties and hundreds of professions that require some kind of license."
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