E-mail updates
Follow on Twitter
Subscribe to RSS
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.”
More content from msnbc.com and NBC News:
Leave a Comment:
So laws are valid, as long as they serve YOUR needs and wants. But if law is ignored, what is the point of living under the rule of law? And what is the POINT of becoming a lawyer who turns a blind eye to laws specifically impacting him. Are you not sick of people who want American benefits without due dilligence to honor American due process?
Which law did he break? Cite it.
This guy chose to piss on U.S. immigration law and laugh in our faces. He should be deported along with his parents just for flouting U.S. law publicly.
I'm African-American, I lived in Japan for seven years and got a valid visa through Tokyo immigration office. I followed all of there rules, and when I was pulled over by Japanese Police to inspect my Alien Registration card, I didn't complaint, I should them the card and that I was legal in there country. Imagine African Americans all storming Japan illegally, dropping babies everywhere, and jumping on Japanese welfare programs and food stamps which are suppose to be for there people. They need to send Mexican illegals and there kids back to to Mexico. Your stealing citizenship in America by not following the laws to be admitted legally here. What country in the world allows foriegners to become lawyers, get free education, drivers licenses, welfare, vote, medical care and all of the benefits they haven't worked for to built this country from the start? This is the fault of the white man by letting these invaders take over the country, it all started with Bush. The Chickens are cooming home to Roost. Dont use blacks as a reason to steal citizenship, we built this country for 400 years as slaves and fought in every war. We were kidnapped and brought here, we didnt fly here from Africa to jump on American welfare benefits and social services.
white man sounds like your living in the past. okkii as you say "we" unless your 400 years old you havnt done crap . get over the past and do something about are current issues or we may all become slaves when are country goes so far in debt we get takin over.partly due to illigale emigrants. Its NOT just the "white mans" problem its all the citizens of americas problem and up to all of us to do are part.
OKKI - Jimmy is right your are still living in the past. You also left out half the story. It may have been a whiteman who disgracefully purchased black people 400 years ago, but it was a BLACK man who did the selling of those slaves. They have both been dead for hundreds of years. look at the calendar its 2012.
WHY is our Federal Government FAILING at their duty to protect the USA and enforce its laws? Lock him up, throw him out, and send the bill to Mexico! If any US citizen broke federal laws, they CERTAINLY would be prosecuted. What makes these individual immune??????????????????????
I believe that if the children were brought here at a very young age had no choice in the matter and should be allowed to apply for citizenship as soon as they are old enough to apply 18 if they do not then they need to go
That they should. That's what the Dream Act provides but to many inbreed people here in the USA would not want that. Which is why the GOP has blocked it at every step.
crazy, huh? It would be like letting someone run for presidency with showing proof they are an American citizen.
Fix the problem once and for all. Invade Mexico,make it the new state of America. Call it old Mexico. Kill all the drug cartel members. Take over all the pot growers. Legalize pot in the new state of Mexico. Tourism would skyrocket.Irrigate half the country, making new farm lands that can grow veggies. Build new beach resorts all along Mexico's beaches on the Gulf and Pacific. This would create more than enough jobs to accommodate the Mexican people, thus stopping the illegal aliens. And they would all have to pay taxes. Not us having to support them with our hard earned tax dollars. Then we could all go to Mexico on vacation or retire there in the warm climate. Then he could be a lawyer legally. Oh hell it was just an ideal, don't get your panties in a wad...................But I haven't seen a better plan yet,that works, have you?
let me know when you run for president. you have my vote.
Best plan yet !!!
You libs want to uphold this ILLEGAL??? Then please where are MY reparations for SLAVERY??? i WANT MY 40 ACRES AND MULE RIGHT NOW!!!!!! How is it that the latinos feel they ar ebetter when they were NOT here for the civil rights fight for equality of US BORN (or legal) citizens!! they did not march, heck, they STILL look down on black folks are less, but are QUICK to jump on the platform black folks fought and died for !!!
GIVE ME MY REPARATIONS LIBS...I AM AN AMERICAN BLACK BORN AND RAISED and demand it!!! I really don't care where it is either...40 acres is 40 acres...smile
....
how can a man defend the legal rights of others, when he can't even obey the laws of this country ? i guess his next move will be to run for president of the U.S.
If you ar not legal citizen of the U.S. you cannot be a officer of the courts If he has enough money which he probably did not pay taxes on. He needs to be a citizen before he becomes a legalizedhe can be citizen before he becomes a lawyer. He's gotten a free education where the people have to pay for their education. THIS IS IN SO MANY WAYS WRONG.
Let me ask this, if the Supreme Court grants this Criminal the right to become a lawyer, what does he sue for next? The right to run for President of the United States? Where does it stop? He and all of the Illegals who say the were brought here as children, loose their "defense" the minute they turn 18. This @!$%# should have bought a ticket to Mexico the day he turned 18, then applied for the PRIVILEGE to return as A LEGAL IMMIGRANT. Instead, he chose to continue to live here ILLEGALLY, continued to steal from hard working Citizens of the US, took the place of a legal citizens or even a legal immigrants in our schools, colleges and law school. He is the Poster Child for why we need to stop ILLEGAL IMMIGRANTS coming into this counrty. If he is not arrested and deported by the Federal Authorities, that should serve to tell the US Citizens who is really running our country. If this kid, and all those like him, do not have to obey the laws of the US, why should I?
There really are so many comments here that sound so racially motivated and hateful.
I am glad he was able to find 'private' scholarships and money to fund his college, since he could not prove citizenship. Yes, he came here as a child, with his parents, but there are things that could have been done to become a citizen since then. So he got a waiver from the bar that said he couldn't provide documentation of citizenship so he could take the test. That doesn't mean just because he passes the test he should be made a lawyer. He is not here legally, but illegally. I am just guessing, but are his parents still here illegally as well?
When is the line going to be drawn in the sand?
Yes, his parents made a choice years ago that is affecting him now. I am sorry about that, but many times a parent will make a choice that affects their child much later in a negative way. We still have to deal with it within the law.
Is he here legally - No.
Does that make him illegal - yes.
Do what needs to be done to fix it. End of story. It's not easy. I know that. I have friends trying to get here legally, a father who is a legal US citizen with a good, permanent job trying to get his family here. Does it take time? Yes. Is it worth it? Yes, if he wants to stay here and be with his family. This young man AND his family need to make choices now that should have been made years ago. And we as a nation need to deal with the problem.
Someone here compared this to the Jews and Hitler. This is totally different. Let's compare apples to apples not get melodramatic about it. That would be the common sense thing to do!
" Can an illegal immigrant become a Lawyer? " YES! IN HIS COUNTRY OF ORIGIN, just not here. Go home and come back through the legally established Immigration Laws and we will welcome you!
Maybe he could be a prosecuting attorney and send himself back to Mexico for being here illegally!!!!!!
And to think, Gov. Jan Brewer in Arizona got slammed for her anti-illegals laws! The rest of the country accused her of profiling!! I feel Arizona was more diligent and prudent than most of the country. Reading about educated idiots like this makes me think Arizona deserves an apology!
I think the above ignoramuses who can't understand an issue should be deported to Mexico. That nonsense being said in terms that they can understand, I wish to support this young man's efforts in righting one of a multitude of wrongs in American law promulgated for political gain rather than the common good. This man has more integrity than any of the Republican candidates for presidential nomination and a better sense of justice than the Tea Party and the rest of the wingnuts whose unsupportable opinions appear here in Newsvine and elsewhere in blogs.
So you dont think its important for someone that is suppose to defend the law to have abided by it?
kuntryking, you and your feel-gooder liberal pals are going to be the downfall of this country. Congrats. God forbid the law be followed.
If Florida rules against this kid, will Obama sue Florida too?
Yes.
Illegal immigrants wasting our tax dollars again with no worries about being deported or arrested. We know he is here illegally (he admits it) and we are allowing him to use our tax dollars to use our court system. He should be deported immediately for being so brazen and arrogant. This is a complete joke.
And ignorance is bliss. Tell me, how was this person "wasting our taxpayer dollars again"? And you do realize that illegal immigrants pay taxes, do you not? Of course you don't. The "complete joke" here is the obvious lack of ANY research in your comment.
Illegals in my yard.
Illegals in my yard.
Illegals in my yard.
Sixteen arrive in a stolen car[...]
They’re getting free organ transplants this Christmas.
They’re going to have anchor babies this Christmas.
They’re going to scream “sí, se puede” this Christmas.
Those illegals in my yard[...]
They’re going to spread bubonic plague this Christmas.
They’re going to bring me lots of bed bugs this Christmas.
They’re going to pass tuberculosis this Christmas.
Those illegals in my yard.
How is this a "civil rights" issue? If he were being barred because he was of Mexican descent, sure, but not because he's an illegal alien. This should not even be in question and CERTAINLY should not be compared to the plight of the right to vote by women and black folks. God-forsaken feel-gooders that have no regard for the law and will be the cause of America's eventual downfall.
THIS IS A VERY SIMPLE ARGUEMENT..... I applaud him for his dedication to his education, but it came at our expense. He is an ILLEGAL ALIEN and needs to be deported. He has no legal right to be here and we should thank him for stepping forward to let us know that he is here. It saves us money in having to find him. BACK TO MEXICO HE GOES!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
I agree with many above. He needs to become a legal citizen or legal immigrant. He and the others should not be granted licenses for anything if they are here illegally. By the way, maybe I am a little ignorant, but I thought that for a lawyer to be a part of the bar, that they had to have at least some integrity. Integrity indicates that some one is truthful and honest. If he is here illegally, he must have had an illegal id at some point. That means he was not truthful and honest and he should not get a license.
He should not be allowed to become a US Lawyer due to the fact that he is not a US Citizen but he is a confessed illegal immigrant. If he wants to become a US Lawyer he can go back to Mexico where he came from even if it wasn't his fault that he was brought to the US illegally by his parents when he was young. He then can apply for legal entry into the US and then work his way to US citizenship. He should not have been allowed to attend a US School (probably free which US taxpayers paid for) or a US College to study and receive any diploma or degree of any kind period. Since he has confessed to be here illegal he should be deported back to Mexico period.
The FIRST requirement to be a practicing Officer of the Court is to obey the law.
Send this one to Mexico, let him try to pass the Mexican bar.
Over staying a tourist visa is a civil infraction, similar to a speeding ticket.
I think a majority of layers have broken these types of laws sometimes.
Go back and apply, he don’t have any family in Mexico
and the process would take 6 years and he probably would be denied by a 80% chance anyway.
Would you go back with those gloomy outlooks?