BILL ANALYSIS Ó ACR 167 Page 1 Date of Hearing: August 16, 2012 ASSEMBLY COMMITTEE ON JUDICIARY Bob Wieckowski, Chair ACR 167 (Alejo) - As Amended: August 14, 2012 SUBJECT : ADMISSION TO STATE BAR KEY ISSUE : SHOULD THE LEGISLATURE RECOGNIZE THE ACHIEVEMENT OF STATE BAR APPLICANT SERGIO GARCIA AND RESOLVE THAT, WHERE THE STATE BAR DETERMINES THAT AN APPLICANT IS OTHERWISE ELIGIBLE FOR ADMISSION, AN APPLICANT'S IMMIGRATION STATUS SHOULD NOT BE THE DETERMINING FACTOR IN DECIDING WHETHER TO APPROVE A STATE BAR LAW LICENSE IN CALIFORNIA? FISCAL EFFECT : As currently in print this measure is keyed non-fiscal. SYNOPSIS This measure commends State Bar applicant Sergio Garcia and the State Bar regarding his pending application for admission to the Bar, and declares that where the State Bar determines that an applicant is otherwise eligible for admission, an applicant's immigration status should not be the determining factor in deciding whether to approve a State Bar law license in California. SUMMARY : Commends State Bar applicant Sergio Garcia and the State Bar regarding his application for admission to the Bar, and declares that where the State Bar determines that an applicant is otherwise eligible for admission, an applicant's immigration status should not be the determining factor in deciding whether to approve a State Bar law license in California. Specifically, this resolution : 1)States that Sergio C. Garcia was born in Villa Jimenez, Mexico, in 1977, and was reportedly first brought into the United States by his parents, without inspection by immigration officials, when he was 17 months old, and, after leaving the United States around the age of eight or nine, entered the Unites States again when he was 17 years old. 2)States that Sergio C. Garcia's father, who was a lawful permanent resident at the time, and who has since gained full ACR 167 Page 2 citizenship status, filed a petition for an immigrant visa for his son on November 18, 1994, which was approved in January of 1995. 3)Observes that in the past 17 years, while waiting for his visa to become available, Sergio C. Garcia, in an undocumented status, went to college, attended law school, and passed the California Bar Examination. 4)Notes that the Committee of Bar Examiners of the State Bar of California, having reviewed Sergio C. Garcia's application, found that Mr. Garcia met all of the necessary requirements for admission to the State Bar of California, and, on November 9, 2011, based on that conclusion, submitted Mr. Garcia's name, on motion to the California Supreme Court, as an applicant certified for attorney licensure. 5)Finds that on May 16, 2012, the California Supreme Court issued an Order to Show Cause to the Committee of Bar Examiners as to why its pending motion for the admission of Sergio C. Garcia to the State Bar of California should be granted. 6)States that with the passage of the California DREAM Act, which allows certain youth without proper immigration documentation to apply for financial aid, California has moved toward a policy of inclusion rather than exclusion of undocumented immigrants brought into the United States by their parents as children, regardless of their authorization to work. 7)Observes that federal executive policy echoes this policy of inclusion, as reflected in the memorandum of June 15, 2012 by the Secretary of the Department of Homeland Security entitled, "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children," which establishes a policy of deferring removal proceedings for eligible undocumented students at the discretion of the Department of Homeland Security and allowing eligible undocumented students to apply for work permits, and finds that the Secretary's memorandum stresses that the United States immigration laws were not designed to remove productive young people who have contributed to our country in significant ways to countries they may not even be familiar with. ACR 167 Page 3 8)Resolves that the Legislature commends Sergio C. Garcia for his hard work and success in satisfying all state requirements for admission to the State Bar of California. 9)Further resolves that the Legislature believes that where the State Bar determines that an applicant is otherwise eligible for admission, an applicant's immigration status should not be the determining factor in deciding whether to approve a State Bar law license in California. 10)Further resolves that the Legislature commends the State Bar of California for its thorough review of Sergio C. Garcia's application, its motion for Sergio C. Garcia's admission to the State Bar of California, and its excellent and comprehensive review of the law in the brief filed with the California Supreme Court. EXISTING LAW establishes the State Bar and authorizes the State Bar to recommend applicants for admission. (Bus. and Prof. Code section 6000 et seq.) COMMENTS : In support of the bill the author states: California has been moving toward a policy of inclusion rather than exclusion of undocumented immigrants brought into the United States by their parents as children, regardless of their federal authorization to work. California legislation and policy supports an applicant's admission to the State Bar without regard to citizenship or residency. ACR 167 - the State Bar DREAM Resolution - declares that the California Legislature believes an applicant's immigration status should not be the determining factor in deciding whether to approve a State Bar law licensing in California. It's an important step forward in our commitment to inclusion. The Committee of Bar Examiners of the California State Bar is the statutory body that investigates moral character applications as part of the overall certification process for admission to the Bar. Part of the moral character process is to ask if the applicant is legally in the country. This information is disclosed to the California Supreme Court, which determines whether to grant admission, apparently on the basis that persons who are not in the country legally are not ACR 167 Page 4 permitted to work. The California Supreme Court in Raffaelli v. Committee of Bar Examiners, 7 Cal. 3d 288 (1972) ruled that formal citizenship is not a requirement to practice law. It has apparently not determined whether the lack of work authorization by undocumented immigrants disqualifies them from admission - although work authorization is arguably an issue separate from whether an applicant is entitled to admission to the Bar, even if only for the sake of recognizing the applicant's achievement. This issue is presented by the pending application of Sergio Garcia, who is reportedly an undocumented immigrant whom the State Bar has determined is qualified for admission. This resolution commends Mr. Garcia for his hard work and success in satisfying all state requirements for admission to the Bar, commends the State Bar for its thorough review of Garcia's application, its motion for admission, and its excellent and comprehensive review of the law in the brief filed with the California Supreme Court, and resolves that the Legislature believes that where the State Bar determines that an applicant is otherwise eligible for admission, an applicant's immigration status should not be the determining factor in deciding whether to approve a State Bar law license in California. ARGUMENTS IN SUPPORT : Among other supporters, Latino Environmental Justice Advocates argues: Sergio C. Garcia's story is an American story that clearly reflects the intent of the June 15, 2012, memorandum by the Secretary of the Department of Homeland Security, which stresses that the United States immigration laws are not designed to remove or exclude productive young people who have contributed to our country in significant ways. Sergio C. Garcia's story embodies this intent: Brought to the U.S. as an infant, and subsequently approved in January of 1995 for an immigrant visa as a teenager, Garcia has waited over 17 years for his visa to become available. Meanwhile, Garcia, remaining in an undocumented status, went to college, attended law school, and passed the California Bar Examination. As such, the Committee of Bar Examiners of the State Bar of California, having reviewed Sergio C. Garcia's application, found that Mr. Garcia met all of the necessary requirements for admission to the State Bar of California, and, on November 9, 2011, based on ACR 167 Page 5 that conclusion, submitted Mr. Garcia's name, on motion to the California Supreme Court, as an applicant certified for attorney licensure. With the passage of the California DREAM Act, California has moved toward a policy of inclusion rather than exclusion of undocumented immigrants and as stated the developing federal executive echoes this policy of inclusion. The State of California and all Californians will greatly benefit by work and success of inspirational young people such as Sergio C. Garcia. REGISTERED SUPPORT / OPPOSITION : Support Latino Environmental Justice Advocates Latino Seaside Merchants Association Latino Water Use Coalition Monterey County La Raza Lawyers Association Opposition None on file Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334