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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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WHAT THE HECK ! How do these illegals get to go to college, let alone law school while they are here illegally, and who is paying for this ?????
ON YOUR and my dime from our taxes
Here we have an illegal immigrant, who gained a lucrative education while lying about his status in this country. He now comes out, AFTER he is finished with his education, to get the opportunity to practice the laws that he purposefully evaded to get the upper hand. He not only is breaking the law, but the money that was used to give him these advantages did not go to a US citizen, who probably worked just as hard. To me, he is a liar and a thief. Send him back to Mexico!
This is simple. As a child, no, he did not have a way to become a legal citizen of this country (he was already a human being, so we will ignore your inflammatory cant about that). However, he is now 25. From age 18 on he could have applied for citizenship. But, he did not. No social security number, nothing. The fact remains. He spent a ton of time in school, working toward becoming a lawyer, and none at all actually obeying the law, and becoming a citizen of this country. He has had 7 years to address it. Why hasn't he?
He was probably given a grant to go to college from the US GOVERNMENT.
maybe he got a student loan with out a SS# or maybe he used someone elses
The "Dream Act" is b.s.! Thank God it did not pass. I came here as a child from another country, after waiting 6 years for authorization from the U.S. Some of my family waited more than 10 years. My entire family went through the process of becoming legal citizens, it was hard and it took years. So f'n sorry if I don't give a crap about these illegal leeches!
Lets address a few Ridiculous FALLACIES in your comments. 1. He already is a human being. 2. He is NOT an American Citizen! 3. He has the same right as anyone else to become an American Citizen ... Apply for citizenship and go through the process.
This head up the @ss distorted ignorant view of the world is what is wrong with our country.
Oh and it should be called the NIGHTMARE act and be voted down every time it is brought up!
We should just send Pedro and all of the other Mexicans back where they belong!! Yeah, let him be a lawyer so he can help all of the other illegals, what a joke!
One last wish for all the bleeding-hearts. I also hope you get your identity stolen by an illegal.
I'd watch what you post, that id might be yours..
Absolutely Not! this is not a civil right, he should not have been admitted to any college without a student visa. In fact he should be detained, deported and made to apply for citizenship.
A lawyer who breaks the laws of this land right off the bat.. sound like our country all the way. Crooks taking over our country,, Send him home, he can be what ever the hell he wants, legally..But no, this is just more of their propaganda to let more Illegals take over our work places...Go abomination..
I am sick to death of hearing about all these illegals who are educated on my tax dollar. And then complaining because they don't get a free citizenship certificate!
I see LEGAL immigrants proudly finishing their classes and pledging to the American flag . Those are the people who deserve citizenship! NOT ILLEGALS!!
I don't give a crap if stupid parents drag their kids here and lie and cheat the system! That does NOT give the kid the right to get anything!
Go back to Mexico and do things legally! It pisses me off that whoever paid this kids way through college, could have paid the way for a citizen to get that education. OR, a LEGAL immigrant.
No dream act!
LMAO......only in America would this question ever be asked.
He said it himself in the article; " the last time something like this happened was when African AMERICANS and women were admitted to the bar,”. Yes, Mr. Godinez-Semperio...."Americans".
there is over 1500 comments so far. and just taking a quick glance i would estimate 90% think he should be deported . i would like to know who we can contact, e-mail,to let are goverment know what the american citizens think of this issue or the courts who are looking at this issue
It's not about immigration, it's about their fear and their power.
Who's
Oh really? feed us more of your words of wisdom. Perhaps do away with borders all together?
Perhaps you would be willing to give everything you have ... House, car, job, .... to these wonderful folks. Perhaps you would like to give away the rights of every LEGAL Citizen and spit on the graves of all those soldiers that fought and died for and to keep that OUR freedom. That said, that just about makes you a traitor.
Destroyer .... appropriate name .... should be a law against ignorance
Not really, why so dramatic? I just think that kids that were brought here at the age of 6 months old, through no fault of their own, who speak the language, who graduated form High School here, and have never even been to Mexico should have a path to citizenship. PASS THE DREAM ACT!!! Vote Democratic!
As far as being a traitor, no thanks...I already did my 20 plus years.
PRP...what a fukn hater.
Steve, I hate to assume....but I think you should go purchase another gun. lol.
He does have a path. What part of that dont you get.
What laws do you think should be enforced? Which ones should not? Holy crap!
Put your actions where your mouth is give this poor guy your house.
Your right moron I am a hater of @ss holes like you that want to destroy this country!
You weren't complaining whilst I defended your a$$ hole. And you are DEFINITELY A HATER...I can only guess. I don't want to destroy this country...obviously, that is why I served for twenty years... That is all your moronic assertion. I am (I will admit) a human being, who likes Mexicans...and as much diversity as this country can stand...come one, come all, to the most free nation on this earth, bring your tired, your hungry, and your poor, for a better life...here in these "United States"......PASS THE DREAM ACT!
I see your true colors, shinning through...like a rainbow. lol.
Destroyer: The original meaning of the Statue of Liberty was Republicanism, the poem "Give Us" was a addition to it and at a later time (a essay pinned for and donated to a art and literary auction to pay for the base of the statue). In it's acceptance it was used to changed the original meaning for which the Statue Of Liberty stood for, and doesn't imply that anyone could come to this Country "illegally" in any way, shape or form! I to fought for this Country, it's principles and Laws and I don't believe by breaking them, for any reason, it should lead to citizenship! (regardless of who they are or where they come from). Your rational is convoluted and without merit, if you are suggesting this Country just opens it's doors to whomever, forsake it's Laws and take on the burdens it would and has caused this Country!!!!...
“focus on making themselves legal”
Why is it Americans don't understand that there is NO current way of making himself legal.
You can NOT apply unless you can show domestic abuse or asylum,
no ifs or buts.
I know many people for Europe that have lived in USA for 20yrs and can not
make themself legal.
They too should go back and do it the right way. The saying two wrongs don't make a right comes to mind.
Human sacrifice, dogs and cats living together... mass hysteria!
This man is here illegally by his own admission. If the countries were reversed or he was in another country in Europe, they all have rules and laws regarding citizenship that must be followed - they are NOT suggestions! He is not special and there is nothing special about his situation. He and his parents broke the law and they should be punished! If my relatives as well as hundreds of thousands of other people went through the process to acquire citizenship so that they could live, work and raise a family legally in this country - what makes him any different than all of the other people who have taken the time to do what is legal? He has been educated and apparently is smart enough to answer the questions correctly, but apparently too dumb or ignorant to understand that there is no exception in this case for him! I have read or heard nothing that makes him an exception to any immigration law.
People like this make me want to vomit! Every time we turn around today, you have some bleeding heart moron who has a sad story to tell for one reason or another AND we are supposed to ignore rules, laws and established practices to accommodate their sorry souls! If he had enough time, energy and finances as well as support to obtain an education and law degree he should have well thought it was necessary to acquire LEGAL citizenship. It used to be all of the weirdos came from California. Well, California fear no longer. We have had to endure Nowak, the astroNUT who wore diapers while attempting to murder her boyfriend's new gal friend, Casey Anthony and her psycho family, Zimmerman and Martin, and now another self-centered, news grabbing illegal immigrant called Godinez-Samperio - who all come from Florida! Maybe the rest of the country should look into annexing Florida from the United States and get rid of some of our social ills.
I can just see his TV advertisements if he should ever be given a license to practice law in Florida - Hire Me, I am an illegal immigrant who practices law who can mess with the U.S. government and get you FREE social services, an education, housing and much more. And guess what, you don't have to renounce your citizenship with Mexico. All of this for less than $500.00 which you can recoup with your first check from the U.S. Federal government. Kick his sorry a33 out of this country and then shut the door!
I am a American Citizen by birth and my husband is British. We have done things the legal way and we have paid out thousands of dollars for his citizenship. We have done everything the US government has asked of us and we have never asked for any government assistance or any other assistance. So for us to hear this guy has gotten away scott free all of these years is a slap in our face. We have always paid our taxes including our property taxes. So for us to not only be paying our way but to find out our tax money has been paying his way as well makes us sick. If the government has so much money they can pay for illegals to go to school and pay their medical bills then they need to start issuing refunds to all of us. We are not rich and feel like this is stealing money out of our wallets. I am sure he did learn the terms theft and fraud when he was in law school. Like some others have said he has had plenty of time to make this right. He just thought he would save himself some money and get away with it. Sorry but the law is the law and also hiring illegal immigrants is against the law. Companies get fine thousands of dollars for this. He is no exception to the law.
Thanks for visiting 1-800-ASK-JOSE
an illegal lawyer referal service!
Professor Kingsfield: You come in here with a skull full of mush and you leave thinking like a lawyer.
You got to be kidding! ILLEGALLY in this country. And wants to become a lawyer. Only in America. Now that MSNBC has so boldly let the whole world know who he is. He should be needing a lawyer in his deportation hearing. Enough is enough! This ridiculous ILLEGAL ALIEN crap has gotten completely out of control!
This is the dilemma we face with illegal immigration but it is a exception, no the rule. For the most part the vast majority of illegals are not anywhere close to the quality of this one individual. Meaning to say, show me this one person and I'll show you a thousand who are taking advantage of this Country. You might note we are not privy to the information on illegals who are currently in jail, using Government Benefits, breaking other Laws (ID theft, illegal operation of a vehicle/insurance and falsification of information to obtain jobs) with this article. It comes down to, where is it stated that a illegal can brake any Law and you, as a citizen, can't under the penalty of those Laws??? You might want to view Mexico's immigration Laws and compare them to ours, it might surprise you to what extent they take in addressing illegal immigration! If you want to feel insulted look up "Mexican Delegation to Arizona to address E-verification and it's effect on Mexican border towns", they don't like returning nationals (crime, unemployment and lose of revenue)!!!...No amnesty but consideration for those who benefit this Country, close the borders at all costs and cut off all economical/educational aide to illegals!!!!...
heloo this is a test
His has and is BREAKING the law the Bar does not overlook that I hope , Pick him up and process him back out of the US and is he runs shot him
Pin a badge of honor on him for eluding our laws and having working american taxpayers foot his education and all other bills.
Sure he wants to work in Immigration law after he is licensed, That way he knows how to use the system and get all his illegal friends from mexico to come he illegally and he can get them all the benefits they will need to bypass the system. Our Judical system needs to wake up and re-read the constitution of The United States of America not one of the South America, what did pres Hussein ( middle name) promise Calddron when he came to the united states and got a standing ovation from the senate. Hussein is giving away this country and we need to take it back in Nov 2012. Does this sound similar to the hussein of Iraq.
Vote Democratic!!!
I'm not out of order. YOU'RE out of order. This court room is out of order, the system is out of order, the candy machine in the hallway is out of order!