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Denny Henry for msnbc.com
Jose Manuel Godinez-Samperio at Capitol Hill on April 19. He is an undocumented immigrant, brought to the U.S. from Mexico as a child, who is seeking his law license in Florida in what appears to be a landmark case.
Jose Manuel Godinez-Samperio was brought to the United States from Mexico by his parents when he was nine years old. Sixteen years later, he had graduated from his Florida high school as class valedictorian, become an Eagle Scout, completed college and law school, and passed the state bar exam.
But one big accomplishment eluded him: citizenship. Godinez-Samperio is in the country illegally, which could keep him from achieving another part of his American dream: becoming a lawyer.
In what appears to be a landmark case, the Florida Supreme Court is going to consider whether Godinez-Samperio has the right to practice the law -- a decision that could impact others who hope to follow in his footsteps.
“It makes me feel that we’re living in a … historical moment. I really think the last time something like this happened was when African Americans and women were admitted to the bar,” he told msnbc.com. “I think if we win this, it’ll be another historical civil rights mark.”
Godinez-Samperio is pressing his case as the national debate over illegal immigration heats up. On Wednesday, the U.S. Supreme Court is set to hear oral arguments on the constitutionality of Arizona’s strict anti-illegal immigration law. And last week, Godinez-Samperio was in the nation’s capitol to lobby for the Dream Act, which would provide a path to legal status to some adults who came to America illegally as children. Supporters are making a renewed push for the legislation after it failed in the U.S. Senate in 2010.
Some 11.5 million “unauthorized immigrants,” as the Department of Homeland Security calls them, lived in the United States as of January 2011. Of that, 6.8 million were from Mexico, like Godinez-Samperio, according to the department’s Office of Immigration Statistics.
Godinez-Samperio’s journey to the law began when he and his parents left their home in Pachuca, Mexico. They came on tourist visas, which they overstayed. He didn’t know English and it was a few years before he began to realize what his immigration status was and what it meant for his future.
He couldn’t get a social security number or a driver’s license, he didn’t have access to most financial aid, he couldn’t work for compensation and has been ineligible for most internships and awards, according to an essay he submitted for his law school application.
But he said he managed to get private scholarships to help pay for his education, and volunteered where he could -- such as helping domestic violence victims obtain immigration relief.
“For me, it’s very important to show that I have been a contributing member of society (the) entire time I have lived in this country,” he said. “ … there’s no reason why I shouldn’t be allowed to contribute even more … with a green card.”
When Godinez-Samperio applied to take the bar exam last year, he sought a waiver because he didn’t have proof of his immigration status, which is required by the Florida Board of Bar Examiners who administer the test. States set their own requirements for those seeking to become a lawyer.
His request was granted. Godinez-Samperio took the bar exam in July and found out in September that he had passed. He was ecstatic, until he learned in November that the board was going to seek an advisory opinion from the state supreme court on whether undocumented immigrants are eligible for admission to the Florida Bar.
Denny Henry for msnbc.com
Cesar Vargas at Capitol Hill on April 19 to launch a Dream Act-related campaign. He is an undocumented immigrant from Mexico, brought to the U.S. as a child, who is pushing for immigration law reform.
“I had mixed feelings,” he said. “I knew that it was going to be an interesting trajectory that I was about to begin.”
That journey has included a number of filings from the board and his attorney, Talbot “Sandy” D’Alemberte, as well as a few friend-of-the-court submissions from groups supporting his application, including three past presidents of the American Bar Association.
“It’s the first time it’s ever been addressed in Florida, and I think it’s probably the first time it’s been before a supreme court anywhere in the country,” said Thomas Arthur Pobjecky, the board’s general counsel.
The board determined it was “a really serious matter” and decided to seek out the court’s guidance in these types of cases, which they expect to see more of in the future.
“If the law says you cannot employ -- or it’s against the law to employ -- somebody who is not legally in this country, then when we say … here is a license to practice law in this country, are they not also implying that you can hire this person and go ahead and pay him and everything else? So there is a concern,” Pobjecky said. “Once the Florida Supreme Court licenses somebody to be a lawyer, they’re putting their stamp of approval on that person.”
But D’Alemberte questioned why the board would let his client sit the exam if they did not intend to give him a license.
“It just seems to us fundamentally unfair after he’s complied with every valid rule not to just go ahead and admit him to the bar and leave to the immigration service whether he is complying with immigration,” he said.
The possibility that undocumented immigrants could receive law licenses doesn’t sit well with some.
“I know what the policy ought to be, which is that … someone who doesn’t have the right to be in the United States shouldn’t be admitted to the bar, period,” said Mark Krikorian, executive director of the Center for Immigration Studies, a Washington think tank that supports tighter immigration controls.
“This is trying to steal a base. In other words, they’re trying to skip over the debate over whether people in his situation should get legalized,” he added. “It’s one more way of trying to create a de facto legalization.”
Cesar Vargas, an illegal immigrant from Mexico who has passed the bar exam and is in the process of applying for his law license in New York, has started a group, the Dream Bar Association, to advocate for people in his position. Membership numbers about two dozen, and includes those interested in going to law school to those who have passed the bar.
“We’re basically throwing the judicial branch into the immigration debate … through our cases,” he said.
In California, Sergio Garcia, 35, an illegal immigrant, has been awaiting a decision since he passed the bar exam in 2009. Because the admissions process is confidential, neither Garcia nor the bar could speak about his application, though a bar spokeswoman said the application for admission doesn't require citizenship.
Thomas Fitton, of conservative Washington watchdog Judicial Watch, said the idea of an undocumented immigrant working as a lawyer in the U.S. was “preposterous.”
“These are kind of, in some ways, public relations stunts, but you know, we’ll see what happens … the whole notion of it is at odds with the rule of law and undermines federal immigration law,” he said. “I think those who’ve passed the bar should focus on making themselves legal as opposed to bypassing the law.”
But others feel that admission should be done on a case-by-case basis, taking into account whether a specific applicant has met the moral character test of the application, said Stephen N. Zack, a former ABA president who has filed a brief in support of Godinez-Samperio.
“You can’t take one finite point and say that that is an absolute determination of a person’s character,” he said. “You have to look in a holistic way at the person’s life story and here, you have an exceptional person.”
He also noted that bar candidates like Godinez-Samperio could offer some unique services, with the nation heading to a “majority minority” status in the decades to come.
“We need people who can reach out and provide access to communities that … have historically not had access, and this is the kind of person that is ideal to provide that to the future generations,” he said.
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Godinez-Samperio, who would like to work in immigration law, continues to research his case and to work on promoting the Dream Act.
“This is a huge fight for me and for a lot of people,” he said.
Despite the challenges and the uncertainty, he doesn’t regret going public before a Florida legislative committee in April 2011 with his status, which few were aware of before.
“I decided to come out with my story because I’m undocumented, unapologetic and unafraid,” he said. “In telling the truth, I am risking my liberty, but that’s what a lawyer is about, is about telling the truth … so I’m being as honest as I can possibly get, even to the point of risking my liberty.”
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The Oath of Allegiance to the United States of America
I hereby declare, on oath, that I absolutely and entirely renounce and abjure all
allegiances and fidelity to any foreign prince, potentate, state, or
sovereignty, of whom or which I have heretofore been a subject or citizen;
That I will support and defend the Constitution and the laws of the United States of
America against all enemies, foreign and domestic;
That I will bear true faith and allegiance to the same;
That I will bear arms on behalf of the United States when required by the law;
That I will perform noncombatant service in the Armed Forces of the United States when
required by law;
That I will perform work of national importance under civilian direction when required by
law; and
That I take this obligation freely, without any mental reservation or purpose of evasion;
so help me God.
-----------------------------------------------------------------------------------------------
Where does it say I will help foreigners subvert the laws of the United States so
LA RAZA, the master race, will destroy the freedoms of American citizens of all races
not LA RAZA, and the United States will be under the control of Latin America and its people.
"la raza" which race?
spanish? aztec? yaqui?, french?, chiapa?, german?, mescalero?, or any of the others that live and breed down there.
la raza is a joke!
Too bad, but he needs to apply for citizenship, and do it the right way.
Go through the process and you can be whatever the hell you want ..... No short cuts. Land of the Free....Not the Land of the Free rides .....
I cannot believe I read this story. I had Homeland security at my door last week asking me questions about my banking practices. Seems I set my retirement fund up in a way that it set off a red flag. I think they thought I might be one of those illegals. I was born in Glendale, Ca. almost 66yrs. ago and both my parents were born in Ca. It scares me to think that these people searched my background, my bank accounts, my travel and watched my living practices. I'm a damn American baby boomer and I've been violated and these illegals are able to use our schooling and hospitals and everything else. I'm so pissed at our gov't right now, maybe this guy should run for President...........he'd probably win.
What's the problem? You didn't get arrested. You didn't get convicted of a crime. Like you said, something set off a red flag. They investigated and when they found out that you didn't do anything wrong, they moved on. I hope they keep up the good work.
trouble is due to pc requirements they can only invesigate law abiding WHITE folks. anyone else will scream profiling, and no i didnt mean white as a race
I do NOT think that he should practice law until he becomes legal. That said, I think that the path for citizenship should be a little less obstructed for people who were brought here as children through no fault of their own. A 9-year-old goes where his parents take him.
I support some version of the Dream Act, which has been sputtering in Congress for several years because no one has the balls to touch it: If you were brought here as a child, and you've stayed out of trouble, and you commit to either military or community service, then you have a shot at being a citizen. Why can't we get this passed?
Because it is just another form of amnesty...nobody wants any form of amnesty...smuggle your kids into our country...they get a path to citizenship will only bring more smuggled kids.
And then his parents have to stay of course - as well as his cousins and every other member of his extended family! Nuts! Let him take his education and go back to help his country, We have Americans who need those spots in college and the jobs that these Dream Act babies will take!
I get your point...it's just that our country is not closed to immigrants, and these kids have grown up her, saying the pledge, learning our history...those who have something to contribute should stay. I'm a college advisor, believe me I can think of a few I'd love to trade in for this guy.
Are the parents in jail awaiting deportation? As soon as the illegal kid became 18, he conciously continued breaking the law as an adult. In fairness, we should establish an easier pathway to the nearest border.
BTW, "and then his parents have to stay" is something you have invented in our head. It does not have to be a part of the act.
What part of illegal doesnt he understand?!? The "il" or the "legal"? How can you practice law in a country when you are in violation of the law that you wish to practice ?!?!?!? How absurd!!! Become a citizen, then practice the law, until then you are in violation of the law and should be deported, end of story!!!!!!!!!!!
ICE...get busy doing what you're paid to do...
They are too bus organizing conventions in Las Vegas and hiring prostitutes - which is the business of the federal governbment these days as they scoff at the stupid taxpayers who pay for their excesses. That video the GSA guy made should be played every day until Americans wake up and insist that the federal bureaucracy be cut by 50% or more!
Ironic isn't it? A man trying to become a lawyer to uphold the law yet he is breaking the law by simply being here. The mere fact he was allowed to get an education here without documentation baffles me.
We have legal US citizens that beg for the opportunity to attend college and cannot afford it yet illegals like him have no problem because our government caters to them. Colorado is trying to pass a bill that would allow illegals to get cheaper tuition than out of state US citizens.
This is so wrong.
Here in CA illegals get a free ride...taking money right out of the mouths of our kids. Which is why it is so expensive to send actual American kids to college...we get to pay for illegals who aren't even able to get a social security card.
A ruling in his favor will have a negative impact on all Americans. It will open the door for millions of illegals to sneak into this country knowing at some point they will get away with it. The Florida Supreme Court is more than likely made up of mostly persons with latino heritage so yes they will vote in his favor. A travesty that will set a precedent which will be without question TERRIBLE. What thje hell does ILLEGAL mean - against the law..................!
"Illegal" means you sneak in the country, have kids who are US citizens, the governments throws some goodies like food stamps, medicaid, free school with free transportation to your doorstep, free health care and the government will not deport you cause the family will be sad. They mostly deport people in the point of crossing NOT those who have settled here and have houses and families. They are left to live for years and years and this is why we see cases like this one.
I don't understand why the ICE doesn't go the next day after these popular media cases are up and go looking for this guy in a van to pick him up. For some reason this just doesn't happen they let this guy get more publicity and make it a bigger problem when it could be solved imediately.
One problem I see here if you have an illegal alien lawyer representing someone and then the immigration picks him up then the client is screwed up with his lawyer deported.
We have way too many lawyers here and do not need anymore much less undocumented lawyers.
GO HOME.
Talk about giving our entire country the finger....
Went to law school but didn't bother to get legal himself. Now he wants to thumb his nose at our laws, then practice it?
Let him go home and apply to come here like everyone else. Hell, he has a law degree and that should count for something on his application.
How did he get past the Bar review when he is illegal. Theyy do an extensive background check too keep criminals out. He has broken the law and is a lawyer? This is P.C. run amok. I am betting that he votes as well! Meanwhile an American citizen was refused a spot in that law school because ann illegal took it! What other country allows such to happen?
Pandering to illegals is the norm...sadly for all of our future generations. Might as well just change our immigration policy right now...Let Mexico or ILLEGALS just tell us what they want. Bend over America.
This is such a heartwarming story of a family breaking the law et al. And now the son wants to fulfill his dream to become a lawyer in a country he is NOT a legal citizen.
My wife did all of this except for the illegal part, including applying for visas and citizenship and after being sent back to Mexico finally received American citizenship, she did it the right way. She was also valedictorian of he graduating class at SDSU and is getting her Masters next month, with honors.
Putting the laws and the Constitution of the United States aside for a moment why should this man have an unfair advantage against anyone who legally went through the process.
He's not that special, he needs to go back to Mexico and get in line…
thank you for that truly inspiring strory! good on ya. i wouldnt ever trust anyone that close to me but hooya it worked for you. i totally agree
typical of illeagals they want everything from us but do not want to become legal, he can go to mexico, and be a lawyer down there, get him out of our country, deport,deport, deport!
Lets allow all illegal immigrants that graduate from law school become lawyers so we dont have to spend lots of money on the current greedy ones we have now.
Law practice 101............Know the difference between Legal and ILLEGAL !!!!
The law is what La Raza says it is.
certainly!!!!!!!!!!!!! however if he was an americn he couldn't do the same. god bless the USA!!!!!!!!!!!!!!!!land of opportunity for illegals muslims etc, etc,
As an officer of the court he would be sworn to uphold the laws of the land. That seems to be hypocritical to be in violation of the law and at the same time sworn to uphold it. I realize that he was a child when he arrived and basically had nothing to do with th act of breaking the law. However, parents of children enter this county illegally exactly for this reason or to have children born here and therefore citizens. In my opinion children born here of illegal immigrants should not receive citizenship. Why reward someone for an illegal act.
Spare me the rhetorict about illegal immigrants only wanting jobs and a better future for their children. That's what I want for myself and MY children in my country. I dont want our country's resources and institutions burdened by people in the country illegally. The way I see it, they are stealing from me.
Give him citizenship and let him practice law he is what America should stand for.
AFTER he becomes a citizen.
He already is which is why the deportation shouldn't be delayed to his home country.
uh no he isnt, what part of illlegal is it yall dont understand?
A lawyer who thinks being a law-breaker is no big deal? We all know lawyers are not the most upstanding people in this country, but this guy takes the cake!! At least he has one of the biggest requirements to being a lawyer: full of himself to the gills and proud of it.
I'm getting a little annoyed with those mexicans who think they can treat us with contempt and and act like we are the ones who have to serve them.
(But one big accomplishment eluded him: citizenship. Godinez-Samperio is an illegal immigrant) The key word here is ILLEGAL IMMIGRANT not a US Citizen period. Acquire your citizenship first; and then I will stand behind you and back you up all the way.
I have a niece who went thru law school, was a single mother and worked two jobs to make a life for the two of them. Unfortunately she had forgotten about something she did almost twenty years ago, (something about a bad check and only 18) but she was barred from becoming a lawyer. She accepted this outcome, and became a teacher. If someone who worked so hard had something such as a bad check bar her from practicing law, how can we allow someone who is obviously illegal and unapologetic practice law????? Do we create a generation of illegals who believe the laws apply to everyone but them because they grew up here illegally? I think not!
Just what we need. Another ambulance chasing, double talking, shyster. Only a lawyer would try to justify an illegal alien practicing law in the U.S. Deport all the lawyers. Let Samperio stay but only if he takes a job Americans don't want. I hear they need pickers in the Florida lettuce fields.
Wait a minute. This guy has been here for SIXTEEN years. Went to American schools financed by the American taxpayers. Proceeded to a law school, here a gain paid for by the American taxpayers. Graduated. Picture the same person in Mexico. You want what? To go to school in Mexico on their dime. I don't think so. Go home! This is a travisty on the entire sytem that is NOT enforced due to political wranglings. It is costing us major dollars and eroding away the American way.