BILL ANALYSIS �
ACR 167
Page 1
ASSEMBLY THIRD READING
ACR 167 (Alejo)
As Amended August 14, 2012
Majority vote
JUDICIARY 6-2
-----------------------------------------------------------------
|Ayes:|Wieckowski, Alejo, | | |
| |Dickinson, Feuer, | | |
| |Monning, Campos | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Wagner, Gorell | | |
| | | | |
-----------------------------------------------------------------
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
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,
ACR 167
Page 2
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.
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.
ACR 167
Page 3
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.
FISCAL EFFECT : None
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
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.
ACR 167
Page 4
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.
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334
FN: 0004945