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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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NO! Let him go home and be a mouth piece for El Chapo. He should leave YESTERDAY!
Will never understand the issue. Eagle Scout, passed the Bar exam, but won't take the citizenship test? What's with that? Too hard, or too lazy? Get your citizenship papers and move on, or don't get it and move out of the country and practice your law.
How was he even allowed to go to school if he was illegal? I had to jump through hoops just to get a new social security card when I lost mine, despite the fact that, as an American citizen, I had and knew my social security number and had a driver's license and birth certificate. What a bunch of BS. Use your time and money to get citizenship here, or go home. It should be the same for everyone.
Deport him and Sergio (the one mentioned trying to do this in California.) They can practice law in their own country. We don't need them here. Another waste of tax dollars. Not a legal citizen of the US, no admittance to any of our schools or free medical. Deport his parents also if they have not became citizens since he has now reported them as illegals also.
all of you people have no idea the impact this makes right or wrong he is here illegally and has admitted to the obstacles in his way, at the same time he has had all these years to fix his legal status.. Now he wants to be a lawyer which means he understands the laws better than most, and has no problem continuously breaking the laws by not being legal ; what is so hard to grasp here.....Easy solution since everyone has bleeding hearts and Americans are wrong for wanting all laws enforced would be to get rid of the FBI secret service police departments sheriffs and lawyers, allow everyone to break the law and call it even across the board and while we are at it all you bleeding heart Americans are so mean and wrong get deported with the rest of the illegals.. ya pathetic excuses for Americans!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! P.S. and if you havent noticed he has no problem reporting his parents now that he can gain by his actions
dude kick that dude back over the border,he broke the law,bottom line,dont care how oyu look at it,if your not usppose to be here,well then gtfo.
Deport him and let him come hear legally and become a US citizen. I have no problem with mexicans other than the fact that some come over ILLEGALLY and expect all the rights and then some that legal US citizens have.
Can Americans walk anywhere in the US and not be disgusted by the way Latinos have been pampered.
Americans are sick of listening to these yahoos speak in Spanish and have every document translated into the outlaw's language while people from around the world living in the US wait patiently to have thing interpreted into their language.
i feel for him but i agree w/most of the comments, respect our laws but hope Mexico and it's people will prosper, never giving up on hope.
“I decided to come out with my story because I’m undocumented, unapologetic and unafraid,” My how ballsy we are. This is typical of these illegal immigrants now with their arrogant attitudes. He's in the country illegally and wants to change our immigration laws to benefit illegal aliens. Let him go the fk to Mexico and practice law there.
This is one of those cases that is so patently absurd our courts should not only dismiss the case with prejudice, but fine the guy (oh wait, DEPORT him!) for attempting to waste our system's legal time and resources, the proposal is so ridiculous!
I can't believe he went to two different state universities (South Florida and Florida State for law school) here in Florida and no one ever asked him for identification. He has no driver's license and no social security number.
So let me get this straight. He lied on his law school application "Character and Fitness for the Bar" section regarding his citizenship status, and then lied again when he signed the paper saying it was all true. Then he lied again on his application to sit for the Bar. The "Character and Fitness for the Bar" is about ensuring "good moral character" and thus protecting the public. This is just ridiculous. This is not what society needs in an attorney. Civil rights my foot.
federalist78 - You are exactly correct! Emotions aside - he lied over and over again! His bar license should be taken away since he flagrantly lied on his law school application and again on his application to sit for the bar. How can he be expected to uphold the law when he has broken numerous laws repeatedly - and makes no apologies for it. He isn't sorry for what he did, he is sorry he was caught!!!
It's real simple.
Let him go back to Mexico and apply legally. We have all the crooked Lawyers we need already.
Let him try it the LEGAL WAY.
Deport him and the rest of the illegals.
How did he get through school without a birth certificate or social security number??? In college, especially, we had to use our SS# quite often. To register my child in elementary school, I had to have his birth certificate. That shouldn't have been passed over by so many institutions. Maybe the Justice Department should look into this matter more closely, as well.
to ALL these apologists who find any excuse to try to make ILLEGAL mean something else. i DON'T CARE who, what, where, when , or WHY someone is in MY country illegally. i just want them OUT, and back where they came from!!!
I am a decorated vietnam era veteran, and was BORN here of CITIZEN parents.
i wonder how many of you people who keep wanting to give american taxes, and welfare to people here illegally can say the same.
DEPORT this a-hole, wasting our money, and time reading this garbage. My family came from India, we hijack a plane and set foot in this country illegally, we had to file the proper paper work, be admitted, get a social security card, pay into the tax system, pay into social security, pay into medicare to have the freedoms in this country. We had to apply for green cards and hold them for a number of years, and then apply for US citizenship, its not free, and it shouldn't be just because you can cross the border while no one can see you. If you want to live the American dream then do it the right way, with respect so that others will respect who you are and where you came from. I say throw all the dirt bag, illegal immigrants out, who gives a damn how long they have been here, if your paperwork isn't filed and on the registry system, then you don't have the right to be called an AMERICAN!!!!!!!!!!!!
It's great that he has applied himself and done whatever it takes to better himself... He just forgot one important thing. HE IS NOT A CITIZEN!
My Grandparents both came from Italy and did whatever they had to do ALSO and the first thing they accomplished was to be AMERICAN citizens AND LEARN English!
They did not ask for handouts, nor a court date to skirt the issue, they marched FORWARD everyday working their tails off for the ULTIMATE dream of being AMERICANS!
Why have we forgot that we are an OPEN country willing to let anyone in as long as they APPLY legally? I do not feel sorry nor am I a racist! THERE ARE LAWS, JUST AS HE LEARNED IN COLLEGE AND NO ONE IS ABOVE THEM!
It's time to wake up AMERICA and quit feeling sorry for ILLEGALS, if we break the law do we get special treatments? Hell no! His parents and he continue to break the law and I cannot or will not feel sorry for them.
THERE IS A RIGHT WAY AND A WRONG WAY. HIS FAMILY CHOSE THE EASY WAY WHICH IS BEING ILLEGAL AND USING OUR GOVERMENT FUNDS ILLEGALLY ON A DAILY BASIS. YES, THEY STOLE TAX DOLLARS FROM ALL OF US INCLUDING STATE TAX DOLLARS!
I'm sorry if this offends some, but wake up and see the TRUTH of the WHOLE matter. Illegal is ILLEGAL!
If he was brought here as a child it's not his fault. If he chooses not to become a citizen that's his fault and he's breaking the very Laws he's going to swear to protect. Do the right thing Menso/stupid and become a citizen of the greatest country in the world or go back to the S!@T hole your parents brought you from. They came for the very same reason millions of people want to come here,Freedom,opportunity and prosperity. Before any of you bleeding heart maggots call me a racist let me give a brief rundown. Both of my parents were from Mexico I spoke Spanish before I spoke English. My birth certificate which is real(obami)has the address of a Migrant camp on it and my Grand father fought against the Crap government that is still in place in Mexico today. Both of my parents became citizens, so quit whining and get your F-ing papers and then and only then should you even be considered to become a lawyer! But I do think you've done a good job at working hard to get where you're at today.
If your parents robbed a bank, I guess you think you should be entitled to keep the money.
I am glad to see these comments, but where are the people standing up for correct Immagration Laws? We need to vote anyone out who dosen't see it is Illegal to be Illegal! Period!
Who paid for the "banditos" law school?
To me its pretty cut and dried. Here is a person that has done well, and should be proud, no make that damn proud of what he has accomplished. All that however does not make him above the law. If he really wants to be a lawyer, then go get your green card. On the sarcastic side I guess we could look at it like this: We have our wonderful leaders in D.C., who all think that they are above the law, so why not make lawyers above the law as well. Oh Woe is me he cried!
This is the part that I hate the most: 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.”
He is trying to compare being here ILLEGALLY to how black folks (LEGAL CITIZENS) were finally allowed to the BAR due to constitutional rights??? I hate the fact that latinos try to compare their struggle with ILLEGAL immigration as the same as blacks for equal rights. Latinos are quick to deny black folks as equals, but are even faster to use the Black struggles for their own agendas!!!
He cannot be made a lawyer as he is A CRIMINAL - knowingly here as an illegal and THUS unethical!!! That is like allowing criminals to stay in a position of trust and fiduciary responsibility!!!
Next time kids if your mom/dad smuggled you illegally into this country turn to their employer and ask them to sponsor you...this kid should sue his parents for putting him in this situation.
What did he do, use the U.S. to get a free education? Why not, seems like that's the thing to do. Hell, run for president too while he's at it! There is enough illegals here that would vote for him!
Just become a citizen and don't worry about things. Why is it so hard to do that? I believe it is alot easier to become a citizen in today's age unlike my ancestors that came over on Ellis Island. My ancestors even had to learn to speak "English" too :(