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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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From the article.....
“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.
It sure seems to me that being here illegally qualifies as non-compliance to a valid rule.
How can a criminal become a lawyer (although there are a few that are now, but they are legal American citizens) ? A Lawyer is supposed to defend and uphold the law and he knows he is breaking our laws and is flaunting it.
While you struggle to get your own kids and education as a legal tax paying working American citizen, how does it feel to know that you have paid for this illegal undocumented immigrant to get an American education ? Then he wants to change our laws and is proud that he is undocumented and here illegally and may become a layer ? Any and all Legal American Citizens that think this is OK needs to see a shrink, as you may me mentally unstable or maybe your just a left wing looney.
Go back to Mexico an get ascholarship in international law and then apply for US Citizenship. Our constitution needs to be changed so that if the mother is here illegally then her NEW BORN children are also illegal. Secure the borders and determine a path to citizneship. Join the military and then apply...I have had coworkers in the USAF doing just that. Australia has strict immigration laws so why can't we?
I'm sorry, he seems like a very nice and intelligent guy, but I have absolutely no pity for him in this case.
My husband came to the U.S. as a foreign exchange student and had to file for visas and alien residency to stay here, and he paid A LOT OF MONEY each time he had to apply, renew, etc. He, too, went to law school and took the bar--but by then, he'd had plenty of time to make sure all the i's were dotted and t's were crossed as far as his legal U.S. residency. He didn't get any special treatment, faster processing, free pass, or "let off the hook" just because he was a very nice, very intelligent guy.
I am the granddaughter of immigrants and I would support any immigrant's place in the workforce AS LONG AS they do things the right way. Yes, Jose's parents came here illegally, but that's no excuse for him as an adult--he should fill out a form, pay the fees, and wait to be legalized just like everyone else. The very fact that he went to an American law school and learned about legal ethics should make him MORE THAN willing to comply with our laws!
There is no way he should become an American Lawyer and in fact he should be made to pay back all the money he sucked up from legal American taxpayers for going to our schools unless he quickly gets documented and becomes a real tax paying American citizen. He is not a child anymore and he is flaunting his illegal immigrant status and consciencely understands he is here illegally, so he should be charged with a crime.
He and his family need to be deported.
Of all the honorable occupations he could have chosen he wants to be a lawyer. This is a sign that greed is first and foremost on his mind, or worse, he wants to be a politician someday. It's not a coincidence that most politicians are lawyers - they're both trained to hose from an early age.
To all those who cleary dont understand why illegals shouldnt be allowed in this country.
The problem with your pro immigration, everyone come on over attitude is that illegal immigrants(EVEN THE WHITE ONES, FOR THOSE RACIALLY SENSITIVE) ARE coming to this country with no documentation and yes some of them end up as lawyers. But for every lawyer that results from this illegal process there are thousands of criminals. These people commit crimes against eachother and against the citizens of this country. The result is a lofty tax payer bill going to investigation of these crimes. On top of that even when these criminals are found they are not subject to our laws and are deported just to find their way back in with a new identity and no record of their previous crimes. The fact of the matter is that the debt placed on society due to our current immigration law is astounding. How many other countries in the world encourage immigration? Just try becoming a citizen of China or India. It's only a matter of time before this country is as overcrowded as the latter. I wonder if when it is, will your thoughts on immigration change. Probably not...
Why is he still here - send him back to Mexico he can be a lawer down there!!
I say let him be a lawyer in Mexico but not here. He will get a degree and then work as an advocate for all the illegals here giving them free or reduced legal aid. Send him packing ADIOS JOSE.
I am getting so fed up with these illegals feelings of entitlement as well as our stupid California governor (Brown) now giving illegals access to college funds. These people are here illegally and the government does nothing except encourage them. And our tax dollars go to support them in numerous ways. We give their children citizenship when born here, we allow them to protest in our streets with the Mexican flag, we pander to their not speaking English, politicians court them, everyone gets concerned about political correctness so as not to offend them, Obama allows their country (Mexico) to join in a lawsuit against Arizona for the law they implemented to try to do something about the problem that the Feds do little about, our kids suffer by having to be in bilingual classrooms with them and on and on. When is it going to stop?!
One reason The People's Republic of California is bankrupt.
The other reasons are Pelosi, Brown, and Boxer
NO, you CANNOT practice law here. YOU are already breaking the law and you have no respect for the law. I believe that if you are made legal (which is most likely to happen) then we real Americans (I am Indian) can look forward to many other illegals flanting their noses at the white man who is so stupid as to validate the millions of illegals already here and who continue to pour in, and take over. Arizona has the right idea, California should have stopped the takeover long ago, now they can't and must forever pay the price---California is now the New Mexico, what a shame and a waste!
you are breaking the law...and you are a lawyer?what happens to us in other countries if we follow this lawyer's steps? get out...go back...you are breaking the law...and you passed the bar? you don't break the law, that is the first and only important law, an immigrant always remembers.
We have 12,000,000 to 20,000,000 citizens of other countries here illegally and our national debt is almost $16,000,000,000,000.00. When someone tries to tackle one of these problems they get no support from you idiots. I wish it made more sense to why Americans are so stupid.
May be just lip service but ROMNEY is talking tough on illegal immigration. I feel he will do more than our current president.
Agreed... unfortunately one side had to choose to back the illegals because if they ever get legal status, they will undoubtedly vote for the party that got it for them. In this case the right thing to do is not going to win many votes in the Hispanic community (2/3 of the illegals are Mexican). Think Obama really cares about Jose? No... he just wants his vote. Romney is going to be tough but it won't win him any votes with people who support illegals. However, he will get mine! And I am a new, proud, US citizen!
As I read this article, I thought about the businesses that hire illegals, just to save a few dollars and make larger profits. So this young man attended school, went to college, and attended law school. This is exactly what the Dream Act is directed at, and both sides of the aisle have their party's version of a Dream Act on the table. Foreign born workers are not getting unemployment benefits, but they are provided free healthcare and free education benefits. And guess what, the employers who hire them pay nothing into the system for the services their illegal workers claim. Stop yelling at illegals and start boycotting the business that hire them. If you are interested, I can direct you to several locations near me, that ICE must be aware of, where well know companies employee illegals today. Stop blaming the children of illegals and start addressing the real violators of Federal and State Immigration Laws, companies and business managers who hire illegals.
Blame them all!!! He is no longer a child it is his choice now... he needs to get legal or leave. Why doesn't he take his knowledge and go to Mexico to practice law? That is where he belongs, unless he does the right thing and get legal.
This joker is a criminal trespasser. End of story.
Where are the authorities?
Why is he walking around?
Deport the joker. He is making fun at all of our forefathers who came here illegally and paid their dues.
This is sickening.
The law is quite clear. There are processes that MUST be followed to stay in this country. He has chosen to ignore them.
Great place this country would be if WE ALL could pick and choose WHICH laws we were going to abide by.
Some posters arguments advocating keep this illegal in the USA are both dangerous and assinine.
I wonder, can citizens of the United States sue Homeland Security and ICE for knowingly and willfully breaking federal immigration laws ?.....Boy, that may be one for the Supreme Court.
I like it I think we should move forward on that. Dereliction of duty!
If the US continues to give illegals benefits, etc, then do the same for everyone else...don't do one and not the other..fair is fair. The same for everyone. Free education for everyone or nothing for everyone, but the US should stop supporting illegals, they are making it easier for them to stay and more keep coming in of course they will continue to take advantage of the benefits the US has to offer them, and we the american citizens that continue to pay, continue to look stupid, in fact, those illegals are probably laughing at us.
Send him back to Mexico. If he has no SS#, he's never paid taxes but has received an education for no cost to him. I've had to pay for my childrens education and expenses and they have student loans. And why in God's name do we need another lawyer!
It used to be that illegal aliens could only get education up to 12th grade but I believe now many colleges and universities are covering up and or protecting illegal aliens and thus should be prosecuted for helping illegal aliens or something. How can a person without any legal documents or id's even finish a law career?
This guy is now famous and will be getting public presentations and who knows, money? Because he was made by the school bureaucracy and the government failed immigration enforcement.
Where is the ICE when you need it? Can they get in a van and go pick up this guy who already admitted he is here illegally?
Has this guy ever even tried to get his citizenship? I would assume having passed the bar he has a good shot at getting it. That is the correct path... not taking it to court to set precedent that all illegals have to do is pass a test and they can't get kicked out.
Stop Hating all you Teabaggers and Republi-cons. It's all about the DREAM...the American dream. Anyone who believes in the premise:
"that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."
Vote the straight Democratic ticket - If you want a nation that appreciates diversity and appoints Supreme Court justices that vote for your interests. Vote Democratic! Viva la Libertad!
Nobody's hating on anyone..live the american dream i'm all for it, but do it legally!
Pass the Dream Act, then all of these kids (who eventually grow up to be adults) will become citizens...problem solved. No hate.
And if you think no ones hating....you're not reading these posts. lol.
Sorry we're out of room here, need more parking spaces and fresh water. Tired of looking at your ugly behinds everywhere I go, you can't all come here.
Your wet dream will have to wait til the next life.
The democracy will cease to exist when you take away from those who are willing to work and give to those who would not.
Thomas Jefferson
Google hardest working nation in the world.....
http://www.businessinsider.com/the-hardest-working-countries-in-the-world-2011-4#14-south-korea-1
HE IS HERE ILLEGALLY. How many different ways do you have to spell it out. Illegal is Illegal, deport him and his parents back to Mexico because they are here Illegally also.
This young man has made of his life what we claim is the American dream fro an immigrant. He stayed in school, did well, educated himself and became a contributing member of the society. This is the type of person we want immigrating into the United States. Claims by some that he's a criminal are ridiculous. He didn't sneak into the country, he was brought here as a child and this is the country he knows. Contribution to our society has historically been the measure of whether we want someone to be an American citizen, not immigration papers. Whether by services in the US military or by making himself an exemplary member of American society should be what the Florida S.Ct. considers. I'd remind you, the people on the Mayflower were illegal immigrants.
OH so why not do away with the whole idea of citzenship? Really a dumb posting.
Yeah, you won't be singing that tune when a suck ass illegal steals your identity and files tax returns in your name and collects the money and goes back to the country they came from leaving you with years of stress dealing with the IRS and identity theft problems for the REST OF YOUR LIFE. These parents to come here illegally should be arrested, sent back and if they want to be in the U.S. do it legally !!!!
Ahhh, the melting pot of the world....as long as you don't threaten their power.
Then go back to Mexico, get in line with everyone else and become a citizen within the rules.
Why don't I just come into your house and live there for years and when you ask me to leave, I can then claim I have a right to be in your house because it is the home I've know for so many years.
When they came over on the Mayflower, there were no immigration laws. There were no borders. And they weren't hiding from the goverment of the land. Today is different from those on the Mayflower. We now have laws in this land that say who can stay and who can't. He may have followed his parents into this country, but he has had many opportunities to become an American citizen. He still doesn't want to be a citizen. He just wants to continue to ride on the backs of hardworking Americans.
Mayflower, really? That was way before the illegals of this time take advantage of "charity care" at the hospitals, free education, free food, etc. I wish I can live tax-free but I don't. Like a legal US citizen, we have social security numbers and I pay taxes. Why should illegals get to collect benefits and not putting into this country? It's like unemployment, you work and if you get laid off you collect...you put in to get back. How is it fair that they don't put in but they get back a tremendous deal? I'm all for living the american dream, but do it legally!
The democracy will cease to exist when you take away from those who are willing to work and give to those who would not.
Thomas Jefferson
And what makes him different than my relatives or every other person who obtained U.S. citizenship through the proper channels? Sneaking into the country is all relative at this point. His parents and now their son have committed a crime and broken our laws. Period. Send him back to his country of origin and bring some common sense back into our country. You want to justify wrong behavior because he has not committed a crime and claims to have done some good - SO WHAT! We are not arguing about his morals. If he is smart enough to receive a degree from college and then go on and become an attorney - he had more than enough time and RESOURCES in law school to ascertain how to become a U.S. citizen correctly. If he doesn't have a social security number, I might place an educated guess at this point to say that we have as American citizens supported his sorry a33 while he received his education and law degree because I know for damn sure Mexico would not have afforded him these advantages. Oh and let's not forget the FREE public school education that he received and use of American resources in our public schools while his parents stole from our country. May I ask Sir or Madame what is so ethical or moral about stealing from the U.S. and its LEGAL residents?
One of the reasons that I feel so strongly about this man and I believe he should be punished is because I was brought up to believe that a U.S. citizenship was to be treasured and had value. The rest of you want to act like pimps and just give away what some of us treasure as if you were prostitutes.
MAK-403247
This young man has made of his life what we claim is the American dream fro an immigrant. He stayed in school, did well, educated himself and became a contributing member of the society. This is the type of person we want immigrating into the United States. Claims by some that he's a criminal are ridiculous. He didn't sneak into the country, he was brought here as a child and this is the country he knows. Contribution to our society has historically been the measure of whether we want someone to be an American citizen, not immigration papers. Whether by services in the US military or by making himself an exemplary member of American society should be what the Florida S.Ct. considers. I'd remind you, the people on the Mayflower were illegal immigrants.
How is he a contributing member of society? He has never worked, he has not even worked to get his education, he begged and pleaded as a charity case to get free grants??? He is an adult. Yes, his parents brought him here illegally as a child, but we cannot cherry pick the "feel good" stories and let them fast track to the front of the line for citizenship.