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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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How can he possibly think that he should practice law when he is not a legalized citizen? Yes these are the kind of immigrants we want here, but he has to go through the proper procedures to become a citizen. Who ever allowed him to take the bar needs to be disbarred themselves. I am so sick of our Government neglecting it's duty to deport all ILLEGAL IMMIGRANTS. I don't care if he came here as a child. He doesn't belong in MY COUNTRY until he goes through the proper channels.
First of all, he was nine when his parents brought him here, and he worked his butt off (unlike most of you lazy a-holes) to become a contributing citizen.
Second, every person from 1623 to the 1800's that stepped on this shore did so illegaly.
Unless you'd like to give back the land to the true Americans, I suggest you all keep your mouths shut.
Sounds like you know a whole lot about everybody . . . and you don't know any of us! Shut the eff up!
And what laws were broken exactly at that time?
herbie
get real, back in those day it was legal to own black slaves. do you want to own them now. Things and times changed, at one time blacks sat in the back of the bus, drank from their own fountains, if you want to go back to those day you are the a hole.
If you do not like this country sneak into mexico and change their system.
Nice try, Herb. One teeeensy little problem with your argument. The Indians didn't have any immigration laws and the United States really didn't exist then in its present form nor did the colonies have any immigration laws yet. So there was no illegality involved. Now there is.
Wasn't the US Constitution written in 1787? You need to go back over your history lessons. What transpired in order for that Constitution to be written...after you do that, get back with me.
As educated as he is, I see no reason why he can't practice law in Mexico. He can help people there. He is a citizen there. He can apply for US Citizenship from Mexico.
Let me get this straight, he is in the country illegally, he's an adult, he can correct this, and he wants to be a lawyer, a job that centers around following and upholding the law? UH?
If I were on the Florida Committe of Bar Examiners, a prime question I might ask would be, 'Did you ever file a FAFSA for financial aid, or were you exempt from signing and filing a FAFSA under penalty of perjury because illegal aliens fear deportation'?
Upon what ground would you exempt illegal aliens from filing a federal financial aid statement of need (FAFSA) and require all others to file that same form for all aid including scholarships, within the Equal Protection Clause?
No. How can he uphold the law (what a lawyer is supposed to do) if he, himself is NOT upholding and following our laws?
He can pick and choose which laws he likes and which he doesn't because he has a reasonable fear of deportation so is presumptively exempt from enforcement of US laws.
Well, in his mind, the law he's breaking is unfair to him. So, let's just ignore that one.
Kind of like Obama does eh?
Let Us Reason - I don't think that's an acceptable defense. Can you imagine the criminals who would be set free on the street if the law they broke "wasn't fair to them"? What's "fair" when it comes to intentionally and knowingly breaking the law?
It is clear that this is a discrimination case, if this were a case involving european people no doubt they could approve his petition. Since when children are guilty of his parents illegal actions. Immigration laws establish rules that people from allien countries with professional degrees can enter legally, in this case an intelligent guy that has lived almost all his life in the USA is being treated like an illegal immigrant. There are many illegal alliens in prison that should be deported to their own countries, let good people like Godinez Samperio exercise his right to work as a lawyer in a country where he has learned to be a good proffesional and a good American.
Children of Europeans for all financial aid must sign under penalty of perjury a federal financial aid form which is filed with the federal government (FAFSA) No illegal alien from any Latin country is ever required to sign and file the FAFSA because of their fear of deportation. They obtain scholarships and aid without verification of need or entitlement. One group is more entitled than the other-- the illegal Hispanic alien is more entitled than US citizens.
I agree you can't hold children accountable for their parents actions but, he is an adult now and responsible for HIS actions. Quit trying to take the easy way out and go through the steps to become a citizen. He is being treated like an illegal immigrant because he IS an illegal immigrant. He was NOT born here and has NOT become a citizen so therefore he IS AN ILLEGAL IMMIGRANT!! No discrimination involved.
Why are we wasting our time on this mess ? Came over here on a TOURIST VISA ........and overstayed (give me a break ) send his butt back to Mexico and tell him to do the PROCESS to apply for citizenship.Like all border states , we must crack down on this mess . We have laws here ,and if you come over here you must abide by them as well .Go back to Mexico and become a lawyer over there .
Sure - IN HIS OWN COUNTRY!!! How can he practice law here, when he is knowingly here illegaly???
He can stay as long as he pays ALL of his back taxes and free medical care he got here during his life time for being here illegally.
I am also frustrated at the thought that he took up a spot at the university for someone who probably really wanted the education but was bumped due to this knucke head.
What?????
My son can't even go to colledge for free because he's NOT an illegal and he's NOT a minority. And this could happen?
This man should be embarrassed!! Illegal and he's practically demanding for this to happen for him.
My daughter misses school breakfast everyday because she rides the second trip of the high school bus. They have too many illegal aliens in school with not enough buses so the bus drivers make two or three trips and that gets my daughter to school late every morning.
As long as the illegal aliens eat its ok for US citizens to go hungry LMAO. Human rights.
Along The Way,
Agree, it is the arrogance and disrespect for laws and others that so offends me, the in your face, we are here, what are you going to do about it attitude that makes these people unworthy of being Americans.
He looks like Zimmerman's fatter, younger brother. Give him a gun and a silver badge and have him patrol a central Florida town.
When he goes back to where ever he is LEGAL he can be what ever he wants. As for being in this country illgally, he should be required to pay back any and all tax dollars spent on his education then get deported. He can apply for legal entry into the U.S. and wait in line with LEGAL immigrants. This mentality that he is no longer deportable because he has been here for years and using our system as if he were legal is insane.
First off, I am offended by this young man's, "I'm unapologetic," in your face attitude. It is an attitude pattern that consistantly shows up in protests involving illegal immigrants, 'Here we are, what are you going to do about."
What are we going to do about it ? There are thousands of respectful, deserving people patiently waiting their turn in line, then along comes these people who entered America illegally and crowd the line expecting preferential treatment. Are these "to hell with your laws, language and culture" people deserving of being Americans ? Are they getting grants, student loans, health care and taxpayer funded public assistance that should be going to Americans?
Before we give in to this onslaught of arrogance and disrespect, we better first ask ourselves, "are we a nation of laws, or not?"
What do you call 100 lawyers at the bottom of the Gulf of Mexico?
There is the word (Illegal). How long did this question elude this man's status in the US? Surely during his duration in the US with all this talk of illegal immigrant's going on for years he had to know there was going to be problems. How did he plan to battle the conflicts? After all he was educating his-self to be a lawyer. His parents had to know there was going to be a major up hill struggle. Any way I am sure they need lawyers in Mexico. But then with Obama in the Oval Office and Kagan in the Supreme Court there just may be a chance for him to side step this illegal position. Obama beat his need to show his status in the US.
what kind of attorney would this idiot be, he does not understand the laws of the United States. His family broke the law by coming her illegal. He and his family should be sent back to where they come from. Also they should be made to repay the federal, state, and cities for anything they received. This person stole from legal citizens by taking away from him. Let him rot in a Mexican jail.
If he want to enter legally like others good for him if not F him, I do not want him in my country.
So many authoritarians with no knowledge of what they're talking about here.
In particular those of you decrying this kid for working his butt off to do something most of you couldn't do even with all the advantages you enjoy over him are worthy of contempt.
And before you spout the insipid canard that he could have been working to become legal, you continue to miss the point:
THERE IS NO PROCESS FOR A PERSON IN THIS SITUATION TO BECOME A LEGAL RESIDENT. HE CANNOT BECOME A CITIZEN UNDER OUR LAWS. HE HAS NO CHOICE IN THE MATTER BECAUSE THERE IS NO RECOURSE, NO PROCESS, NO FORM, NO AGENCY AND NO REGULATION THAT WOULD ALLOW HIM TO BECOME A LEGAL RESIDENT OR A CITIZEN.
If you don't apply to become a citizen, no, I guess you can't.
Yes there is a process. He returns to his country of origin and goes through the legal channels to come to America and become a citizen.
He would have to leave this country, the only place he knows and has lived in since he was a small child and not even reapply for a decade. There is no justice in deporting a contributing member of our society over something his parents did. He did not break any laws, and in fact doesn't break any by continuing to remain.
And Panic Moon- my point is that he CANNOT APPLY TO BECOME A CITIZEN. What part are you missing here? THERE IS NO APPLICATION PROCESS. THERE IS NO PLACE TO GO. UNDER OUR LAWS, HE WOULD HAVE TO LEAVE FOR A MINIMUM OF TEN YEARS.
Even after that decade was up he would not have any guarantee of being accepted, and in fact probably would not be, because so few are. On top of that, it would probably take another ten years on top of that just to go through the process and end up being denied in the end.-
People who say stupid things like "he should apply to be a citizen!" or "go back to your country and follow the law" invariably show their total ignorance of just how hard it is to become a US citizen. It is literally impossible for the vast majority of people to enter and remain in this country legally with the intent of becoming a citizen.
So much for lifting a lamp beside the golden door, huh?
@ cyclometh..Tuff @!$%# for him! It isn't our fault his parents chose to break the law.
BTW...Lifting a lamp beside the golden door applies to LEGAL immigration. Not illegals.
So you support an unconstitutional extension of penalties to the children of people who commit crimes?
You sure you want to go there, Sparky? There is no legal process for this guy. That is the whole point.
Saying "tough s---" to people who are facing a manifest injustice is not only immoral, it is un-American and should be anethema to a society who claims to hold the morals ours does.
Methhead.Who the hell is sparky?
There is in fact a legal process. His family chose not to use it. So yea. tuff @!$%#.
You want to punish him for crimes committed by his parents, huh? Well, that's certainly a stance fraught with justice and totally in line with American values.
Then if all you stated was true, why on earth would he study to become a lawyer in the US if he knew the laws and his chosen profession would have been for naught? Just curious. But please by all means put me straight on this issue.
I agree with many posters on here - this man had the ingenuity to get this far, so the fact that he has flagrantly not attempted to become a U.S. citizen - and from this story appears that he has no desire to - is what irks me. You don't want to be a citizen of the U.S.? Fine - go back to Mexico. If you want to stay here and practice law, apply for citizenship like everyone else who expects to work and live here and PAY TAXES - legally. I have no sympathy for you when you intentionally do something that you know for a fact is either illegal or against policy and then demand change because you somehow think you deserve it.
There is no process he can follow to become a US citizen. He cannot do it. The process does not exist. If he leaves the country, he cannot even reapply to enter (a process which itself takes years and will almost certainly end in being denied) for a full decade.
Stop being ignorant. You act like he's just too lazy or stupid to follow the process that you, a good citizen, believe MUST exist because we're America and we wouldn't have bad immigration laws intended to keep all the brown people out at all costs. What you don't realize or care to find out is that our immigration policy is excruciatingly complicated and very near impossible to navigate. And for those brought her illegally as children, it's not even available!
Again, in case you missed it- there is no legal process or recourse this person has to become a US citizen. That is the problem. You act as though he simply didn't bother, when there is nothing he can do.
Of course, the fact that there's nothing he could actually do to become a US citizen won't stop the ignorant from dogpiling on him for not becoming a US citizen.
Every year I read about a bunch of legal immigrants who have gone through the process and proudly become Americans. They did it the right, legal way.
I don't care if this guy can't . Tuff! His parents made that decision. Too bad!
Well, I'm sure we're all glad to hear the authoritarian opinion. Remember, never question authority, and always respect your betters. The law is there to keep you safe, citizen. There is no reason to question it, and those who are caught up in it are not facing injustice, it's just their tough luck.
You do not need to have compassion for those facing injustice. There is no injustice, there is only the law and those who follow it, and those who break it.
Never question authority, cmach. Be sure to do what your betters tell you to, always.
LMAO!!!!!! This from a methhead..... Too funny
I have plenty of compassion. I don't see this as an injustice. meh. continue your ignorance.
Look at how stupid you are.
The only standing this guy has in this case, are the two illegal feet he's got planted in the USA. Time for ICE to pay him a visit, so he can continue his case from his homeland of Mexico!
If lightening struck every lawyer and politician in the country would anyone notice?
Probably. Things would be going so smoothly that everyone would stop and ponder what happened.
If he did pratice here, he would probably wind up specializing in defending other illegals for crimes committed here. Why not set a good example of respect for the law and go back to Mexico and re-enter legally.
Ok, just say for argument's sake you allow this nonsense. Who is going to fill out his FAFSA forms and be responsible for his loans? His parents who are also illegal? And if they do, do we have a sufficient enough treaty with wherever country he came from to go after his parents for the bill? Or even bill them in the first place? What does international law say about this? If judges allow this, then they are going to have to delve in to deeper law than maybe even they know. (Those stupid judges are all rich and paid cash for their kids to go to school).
This kind of judicial fiat can ruin this country. Because if you are going to allow one outlaw from another country to do this, then you're going to have to let them all get a free ride on our education system, or your going to have to rewrite international law.
It is stupid that this has even gone this far.
BULL@!$%#. The key word is ILLEGAL resident. He is not supposed to be here, period. OK, sure, he was brought here when he was a kid ILLEGALLY by his parents. Congratulations to him for getting an education. Hmmmm, and who paid for this??? Did he play the "system" with all of the entitlements that AMERICAN TAXPAYERS gave to the Govt?? The bottom line is HE THINKS HE DESERVES to be a lawyer. And who do you think his clientele is going to be?? Yup, all those other poor souls, ILLEGAL IMMEGRANTS!! Wanna bet me? More immigration lawsuits on their behalf etc etc etc. If you want to come to our country, COME HERE LEGALLY!! No more jumping the damn fence. REPEAL AMENDMENT #14 >> NO MORE ANCHOR BABIES EITHER!! Jesus, wake up people. America, we are in trouble. WAKE UP...
Become a citizen.