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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.
Video: Immigration officials mistakenly deported Dallas teen
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 biggest problem I have with this young man is that he compares his fight to practice law in a country he has yet to become a citizen to women and African Americans in this country having the right to take the bar exam. Uh, not the same thing! Although I lean to the left, illegal immigration poses serious problems and needs to be addressed. Something needs to be done to make it easier for [otherwise] law-abiding, contributing illegals who are able to speak English (that isn't asking too much, is it?) to get a work visa or green card while the others need to be sent back where they came from.
Hard to get all that free funding for school being a Citizen, Just ask Obama he went to school as a Foreigner it's cheap, Now they will say he was a good Illegal Alien Living the American dream, But in reality he stole it, So he should be able to stay? He is a Criminal and should be treated as such and given a one way ticket of origin.
"Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!"
true. all we ask is become a citizen. fight for your right to PARTEEE
sorry couldnt resist
We did have a limited number of immigrants we allowed in each year from each country, what happened to that??
We can no longer open our borders to who ever & how ever many want to come into this once great country. We no longer have the available land. We do not have a labor shortage, & our resources to help those in need are at a breaking point.
The worlds population when that was written was a fraction of what it is today & people live far longer.
Why don't we open up our borders to anyone that comes here. This is wrong in any sence of the word. Did I fight for my country to allow illegal immagration to come about. Well I forgot its Flordia the sunshine state. If the courts grant him the right to practace then the flood gates are open. The law is there for a reason but we don't do anything about it. How much has it cost every single tax paying law abiding American to allow all the illigal immagants to come here and get anything they want. Where was the school boards, boyscouts, even the police department, oh I forgot its Flordia they have there own set of laws, they can try and convict an innocent person by what the meadia say's. This country is going to hell in a hand bag. Thank God I fought I war to protect this country
i am there but i have to say i dont thankgod i fought a useless war. this country hates us. i got spit on and had sh*t thrown at me so as far as my opinion goes i got told real clear. no one wants to hear it
For petes sake John Overbee -- the thrust is not what nationality this person is -- but that he is an illegal immigrant and has had, and still has, the opportunity to observe the laws of the land.
“I think if we win this, it’ll be another historical civil rights mark.” What civil rights are you talking about? You're here illegally. Don't compare yourself to the African Americans, women, homosexuals, etc. They are citizens and are deserving of their rights. Do the right thing and apply for citizenship instead of whining about how you are being wronged.
Hey boat loads of Africans would love to illegally immigrate...they are deserving of cutting in line more than this fellow.
One question for all these people who don't understand the difference between "legal" and "illegal"....... Put the shoe on the other foot and cross over the boarder to Mexico, Canada or any other foreign country. Let me know how that works out for you? Let me know how friendly other countries in the world take to ILLEGAL IMMIGRATION!!!!
Libs and media want us to believe that we are bigots and hate immigration.......... nope totally wrong! When you put the word illegal in front of it, then that is saying you are breaking societies laws and regulations.
There is a big difference between tolerance and ignorance but unfortunately we are suppose to cater to the 1% who frankly is saying, F.... You stupid Americans....
Show me another country in the world that lets you show up and get free citizanship, free healthcare, pay no taxes, changes the national language in certain areas because you don't want to speak theirs and says you don't have to follow their laws.......... if that country existed it would be a laughing JOKE....... it does and its called the great country of the USA!!!! Wake up America, its going to be to late to turn back soon.....
This is unreal.
He doesn't think enough of our country to become a citizen but he wants to practice law?
Why, so he can defend all the illegials already here?
So he doesn't pay any taxes on his earning?
We should round him up, his friends and DEPORT them ALL!
If you can't abide by our laws, if you always have your hands out (whose paying this bums tution anyway? - want to bet it's US taxpayers?)
Then get OUT!
Can we get reimbursed by whomever is supporting his illegal parents? He got a better education then most American kids can afford.
"comprehensive" immigration = Mo money for the 1%.
The 99% feed the 1%.
The guy is a moron. He has had all these years to get his citizenship and thumbed his nose at the AMERICAN CITIZENS and taken a space in a law school that a citizen could have used. Maybe he can be a good attorney in MEXICO
Lets get real he did not take a citizens place . He was just smart enough to get in, and maybe whoever he did beat out of the education can go dig a ditch in 100 degree weather we seem to have a real shortage of American citizens that will do that.
Shogoswanny I don't think there is a shortage of American's willing to do hard work, I just think the illegals are more willing to work for nothing.
the ignorance in this country and on these posts disgust me. i'm about 99% sure that none of you understand the whole immigration process or applying for visas from other countries. they don't have the privileges and luxuries to travel out of their country like most americans do.
so saying, go back to your country and try to come back legally isn't option. this country has deprived our nations of the right to come here. yet this country was founded on immigration. none of you are natives to this country unless you are native american.
please stop with the obscene, uneducated and just down right stupid comments. you sound like idiots and do no justice for this country.
the american dream shouldn't just be for "americans" and "legals" considering we raped this country and every other country of their resources and true justice long before. please educate yourselves before you speak.
and if you're so worried about "immigrants" coming into this country, then get off your lazy a$$ and work. b/c those immigrants you want to go back to their country do all your dirty work. and them some.
blah blah blah...get educated...blah blah blah
firstgeneration---what part of ILLEGAL IMMIGRANT confuses you?
My wife came here the legal way ! But one thing you have to PROVE that you will not go on welfare or be on the Government dole and she lived thru the whole process by the way why don't you pay their way comon cough up the cash !
Typical Liberal, Social Justice rant. Yes, this country has benefited from legal immigration, adding elements of hundreds of different cultures to our own. I, for one, am willing to pay more for my food and other items when it is U.S. citizens doing the work of illegals. My taxes and other fees should go down when the illegals leave which probably will somewhat offset the increases in cost of other items. Going back to their own country and coming back legally is an option, just not a quick or pleasant one. The American Dream is for Americans and legal immigrants, anything else engenders chaos.
Justice, my uninformed friend, is based on the laws of the land. In this case, he has violated and continues to violate them. The US is not obligated in any way to allow any and everyone who doesn't like their homelands to just come here willynilly. We have laws and regulations that must be followed. And who, pray tell, is the 'we' who 'raped this country and every other country of their resources'? Mexico has lots of resources. It's not the responsibility of the US to madate how they utilize (or misutilize) them. Oh, and I particularly object to that comment about getting off my lazy a$$. I've worked at all the jobs you claim illegal immigrants do. No one gave me anything for free and I don't expect to hand anything to anyone else without cause either. Yes, immigration helped make this country what it is and I am all for anyone who puts forth the effort to immigrate legally, learn the language, take the test, and swear the oath. This guy simply doesn't want to.
bring it. tell you what a****le, why dont you try serving your country insted of bringing your f***ing la raza bul**it on? wow guess you are bringing your country on,only it isnt america , guess i need to get shot again only this time at home.
If it's so bad here just imagine what these people have to go back to,NOTHING. What would make you risk your life and your family's life to come and work in a crap job? Freedom!! Unless obami gets a second term that is. That's why they're here because Mexico vale Nada! LA mayor said the same thing be glad they are here they are here they/illegals clean your toilets a job no one wants to do. They/illegals should be glad and proud to be here because if they were cleaning toilets in Mexico they would have to use an F-ing bucket!! This is the greatest country on earth be proud of America or go Home.
Yes most of us grasp the concept of becoming a citizen, many do it every year. Why should a person from Germany, Italy or Ireland have to wait in line so that someone from Mexico can just cross over and never have to worry about getting sent back for not following the rules. Mexican immigrants every year take benefits away from our own citizens. The take precious seats in our college when our own citizens are turned away. The accept foodstamps, free medical, section 8 housing so that children WHO ARE CITIZENS have no housing, no food and have no insurance. Being an illegal alien is a slap in the face to all of those who have worked hard to become citiens of this country.
Actually, being born in America makes you a Native American so perhaps you should work on your education before attacking the intelligence of everyone else.
And, to help cure you of your ignorance, it is just as hard for American's to get citizenship in other countries and then if they are granted that citizenship, they typically do not have the same rights as the native's of that country.
Oh, and my lazy rear works full time all while raising two young boys and going to college.
@mrsmla4ever. ACTUALLY, being born in American, DOES NOT make you a Native America. I am using that term and referring to "Indians".
As well as Mexicans, who WERE actual natives to a greater part of this country long before. And I'm glad to see so many critics and ignorant remarks. I expected nothing better.
My education is higher than college, so why don't you take a Latin America history course and learn a thing or two about how this country was founded?
I understand and appreciate those who come here legally. I know the process is just as hard for Americans to become citizens of another country. I worked for an immigration attorney and am well aware, and EDUCATED of the entire process on both sides. I have helped process applications and protected the rights of HUMAN BEINGS. Because when it comes down to it... WE ARE HUMAN before we are ILLEGAL. Have some respect for fellow men- trying to improve their lives.
AND PLEASE, travel outside of the country, outside of the resort, and look at the surrounding poverty of most Latin American countries before being inconsiderate jerks for no reason.
As well, I don't recall him saying he would take a citizenship test? Ever, in this entire article.
& for the solider...I value, respect and support the troops. You've barking up the wrong tree if you think I'm belittling you.
Ah but Native American can be seen both ways so perhaps you should have specified.
I can assure you that I am well aware of how this country was founded.
Additionally, being a United States Navy Veteran I have been to many countries outside of the U.S. and have seen poverty both in America and outside of it.
Mexicans are no longer native to this country, their ancestors were. They do not have any claim to this country.
Oh and being HUMAN we possess the ability to know the difference between right and wrong, legal and ILLEGAL, etc. I have no respect for those who do not follow the law.
I have an idea, everyone send their kids to become foreign citizens and then return here. Medical would be free, education would be cheap if not free, you wouldn't have to pay taxes...
More than anyone he should understand that you must work within the legal framework. You cannot ignore laws simply because they don't suit your purposes. Let him practice law from whatever country he is a citizen but he is an illegal alien in the United States. He can go through the process as any other foreign citizen wishing to immigrate or work in the U.S. must.
This is cut a dried issue. Illegal aliens should be deported.
Yep it will be historical if our laws get enforced...I would love to see pandering to illegals end.
Still seems to be a slight problem. A valid social security number. How could he go to work and legitimately fill out the necessary federal paperwork. Seems like the company that hires him would find themselves facing some serious federal violations. Florida supreme court really dosen't have the authority to make this happen. The feds will have to be involved. If they grant a one off green card in this case, it will open the biggest can of worms we have ever seen.
Most illegals use fake or stolen ss#s not really an issue they worry about.
Do I believe he should be able to work here until he can do it legally no. Does it make me sick that this is a person that should easily be able to attain citizenship or a visa yes . It all comes down to the government needs to look at immigration and take productivity and length of time person has been here and lack of criminal activity other then being a illegal worker into account.
The question before the court is whether an illegal can become a member of the Florida bar. The answer is yes. All the illegal needs to do is to follow the rules and become a citizen of the United States.
Why not just marry a citizen? Seems like the easiest solution. My son just graduated from law school and cannot find a job. Why should an illegal immigrant be granted permission to practice law when my son, whose ancestors came from Wales in the 1700s, cannot find employment as an attorney.
Why ?
I'll tell you the unfortunate reality
YOU and ME and the great majority of this country are the true oppressed class
a) You are white! That's a NO, NO in today's PC world !
b) He was BORN here -- Again a no, no !
c) Parents pay taxes - Another problem for you!
d) Parents have a little money left -- You are a filthy rich, white , pig, not paying your "fair share" !
He had the time he turned 18 until now to become legal but he didn't so that tells me he doesn't want to ! As for the bar that should be abolished because if they let this fly they are promoting illegal acts my my how times have changed ! One thing I can see is this country is going to fall from within not from without ! As for the bar they need to think why they are there and not promote Illegal way's !
Title of article should read: Is There Anything In America The Illegal Alien Can't Do? Answer: Of course not.
There is.......GET DRAFTED!
Or Is there anything an Illegal Alien gets punished for...Answer. Nothing.
OK for one he went to public school and he and his parents never payed a red cent to taxpayers. One of the reasons the states near the borders are having such a hard time balancing their budgets is all the services they provide ..... without asking questions... to the people that don't pay back into the system. We are all footing the bill for them. Why don't people understand the term Illegal. No its not his fault but we have paid enough for him by giving him his education before college. We also need to stop all the work visa programs and get Americans working again. How about the illegals work on fixing their own country and generating jobs there.
Do they pay sales tax yes do they get taxes pulled from their checks like everyone else yes . Can they go to a hospital and get more then basic medical attention no.If I lived in Mexico would I be trying to get out you bet. Get this I'm a business manager and if I could hire illegal aliens legally I would because at least where I'm at the work ethic sucks everyone feels its there right to get paid and they should not have to work for it.It is not the illegal aliens destroying our country it is our work ethic if we had one they would not have jobs to come for, so stop worrying about our borders and start teaching you kids a day work for a days pay.If you could also get them to pull there pants up and take the metal out of there faces I might be able to let my customers see them too.
Have any of you been to New York City and looked into the harbor at the statue that resides there.
“Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tossed, to me:
I lift my lamp beside the golden door."
These were the ideals that this country was founded on. However lately it has become a country of bigots and hate mongers. There are ultra conservatives and ultra liberals. A political system that is filled with corruption and self serving politicians. Big Business and Financial Institutions run this country and control our politicians. The Supreme Court no longer interprets the Constitution, but decides based on their political leaning.
Now we have an individual who has worked hard his whole life. Brought into this country as a child and has risen above all that to become a lawyer. Now it is up to the same corrupt system to determine whether he can be a lawyer in the state of Florida. He brings more hard work ethics and honesty to the law than 99% of those currently practicing. Yet the majority of you want to deny him that opportunity. If you don't like someone who skirts the law than look at what you have elected to public office.
I applaud Jose and only wish him the best. I know, deep in my heart, that he will be a true representative of the law!
I'm suprized they don't have a translation in Spanish sitting next to it.
Ever notice how the Statue of Liberty is in New York Harbor facing Europe and not at the US-Mexico border facing the drug cartels?
Honesty? He's lied his whole life about being legal. How can he practice something that he has no respect for?
We did not say to BREAK the LAW!!! There are laws for a reason..you libs make me sick with your inane chatter.
You said: He brings more hard work ethics and honesty to the law"
He is here illegally, he KNOWS he is illegal, he LIED on the state bar exam, he has NO SS# (so no taxes - tax evasion - felony), he is knowingly breaking the law (criminal act)....I guess next you will want to grant terrorists here with no proof of identity!! Where is the ethics? he LIED under penalty of law to take the bar...I gues syou would support criminals who LIE on applications to take car eof your kids or have access (like in a bank) to your private finances and such??
I guess you also forgace Madoff, because he did NOT disclose his Ponzi scheme because he was breaking th elaw and that would hav ebeen inconvenient to let people know
An illegal immigrant upholding the law. How ironic.
Hey if you want to adopt Jose and become his sponsor so he can become an American citizen feel free...in the mean time. He just took a real legal students education...heck let him take your kids college money. What part of ILLEGAL doesn't sink in?
He is no less deserving then any other citizen of a foreign country...to come here illegally and start getting a free education. OPEN YOUR CHECK BOOK.
This country was founded by Bigots lol, what do you mean has "become"? I'm pretty sure we have "become" a country that offers more rights equally to other races than most other countries. You have to draw the line somewhere or everyone will come here and that just simply doesn't work.
i totally disagree with you, you want freedom? no problem EARN IT
BTW if you want to change the "corrupt system" you follow all the rules. Our laws are there to be enforced and if you want to change them you go about it LEGALLY. This young fellow I assume knows the law heck he might just go home and make positive changes...and thank US taxpayers for a free ride.
How did he get through all these schools in the first place? Didn't anyone at any level of his schooling ask any questions? Is it that easy to apply for a bar exam?
If you're an illegal alien anything is possible in the new United Socialist States of AmeriKa.
Public school systems across the US refuse to check the immigration status of their students on the basis that they are not Law Enforcement. The fact that their funding increases for each illegal they keep in school is not a factor. Nope, not really, never considered it. Hypocrites.
Public schools are now full of illegals...job security. Nobody cares or seems to care. Pandering to illegals is the norm. They take jobs that our kids won't have.
I'm still waiting for someone to reimburse my family for a free education that I, a 3rd generation American never got because my parents sent me to a Catholic school. My parents spend money on my education yet illegal aliens get it for free.
Just what we need. Another scumbag lawyer. Legal or illegal.