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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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“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.”
Does he realize how insulting this is to women, African Americans and other minorities to compare himself to them? Why not throw in Gays also, so to hit every heart string?
Yes, women and others have been discriminated against in the past. Yes, it's disgraceful and not our finest hour. Yet all of them had one thing going for them that this guy doesn't: THEY WERE HERE LEGALLY. If he really wishes a more apt comparison, why not compare himself to the first rapist admitted to the bar? Or how about the first murderer? The first forger? All of these folks are also criminals, defined as one who has violated the law.
He has shown he has the ability to get through school. He has shown he has the drive to achieve his goals. Obviously, one of his goals was NOT to legalize his relationship with the country. He obviously wishes to be the "poster child" for folks to rally around to change our immigration policy just to fit his desires, rather than having him conform to our laws.
My real question to him would be this:What kind of lawyer would you be if you can not yourself conform to the law? How can you defend the Constitution and enforce the laws of the nation, something that you are required to do as a lawyer, if you yourself refuse to comply with the same laws of the nation? If a lawyer is convicted of, say, cocaine usage, they are disbarred. You have already shown you wish to flaunt those laws you find inconvenient, so would you fight disbarment if you got caught using drugs? And how can we believe your answer if you have been living a lie all your life?
This is NOT discrimination at all, so the fact that he even hints that this is a matter of discrimination is grasping at straws and pathetic. Illegal is illegal.
I am not american.
But, in my opinion, americans are biggest fools in whole world. People can enter illegally and fight for their rights through american court system.
Also, they borrow money from China and spend it on fixing third world countries and finally gets kicked out without getting anything out of it for themselves.
They borrow money, and give aid (free give away) to other countries.
Then, their tax payers cry about being under huge debt and not being able to meet ends because of huge tax.
Americans, fix your system before coming to fix rest of world. Foolish people.
Best advice from a non-American I've seen.
He defined the term LIEberal.
You are dead on.
Ummmm, we are glad you aren't American either. But, I am sure you are living here as a human sponge.
AMEN TO THAT!
You know you are right about somethings...but know this, there is a fire just below the surface of all this nonsense and it is ready to explode and consume all the garbage our government has been involved in during the past 10 years. The government is just what it is but the people are sick of it and whatever we can do on an individual basis to stop this, we will and in the mean time we are organizing for a true change, a return to power, morality. leadership and ethics. This won't go on forever. I am disgusted with these practices and so are many many others, we will see what happens in November. FYI this is a suggestion, maybe you should be a little more polite when you are foreigner making comments about another country, I am sure you would expect it of me.
To Bernadette: I am sure he is taking full advantage of all America has to offer as well (if in fact he is living here and not some psycho terrorist who uses MSN United States) and he is certainly not grateful. But this is the attitude of our modern immigrants mostly illegal immigrants but there are some legal immigrants who have a hatred of us as well. Jealously it seems.
Elizabeth, show me a perfect country that makes everyone happy. I am proud to be an American. While, yes, there are some bad decisions, I am proud to stand behind a country that has good intentions and a backbone. Funny someone like him criticizes but probably crawled through a desert in the night to get here.
I do not live in US. Travel all over world for business reasons. Bernadette - I don't sponge off anything from you. Don't worry.
This is ridiculous. Officials should have deported him a long time ago, plain and simple. It disgusts me that people dont agree with our immigration laws, theyre alot more lieniant than say Ireland. If this weirdo had time to get educated so do all of you. It also disgusts me that we give scholarships and grants to Illegal immegrants no matter where theyre from. I dont care if youre brittish, go through the legal processes and become a citizen. I have a friend whos been deported probable 6 times in the last 8 years, every time im like dude just come legally next time. You know english, you have the money, youre not stupid. Sounds to me like you meet the requirments to become a citizen. Go study. P.S. MSN stop reporting on stupid crap, do your jobs. Hows the Oil War in the Middle East going?
Our Govt. need to do something about this situation they in part have created. Govt. was aware of the immigration of undocumented since the 50's but not only turned a blind eye but almost welcomed the undocumted with a red carpet. If you lived in rural areas you might understand what I mean. Now the situation is slowly becoming unmanagable. Many countries, especially Mexico are starting to say no as far as taking them back. Why? Because so many of them have lost all conection with their country of origin. After I retired I started working part time as a teacher and am amazed at how many illegal Americans we have. These kids have been raised here, don't really speak spanish,polish, etc, and do not know any family in their country of origin. To complicate things you have some that have spanned generations so they were born here but the parents are undocumented. If I was one of these countries of origin I am not sure I would want them back either just for security reasons or the fact that they would not be functional citizens.
The question i would like answered is who payed for all his schooling?did he steal scholarships that should have went to a law abiding citizen wich this thief is clearly not law abiding he is a crook.this is why gun sales has tripled in the last year.how much does this man and his family owe us taxpayers because im sure we all paid for his schooling and he is ignorant enough to throw it in our faces deport this fraud he could be a lawyer for the cartel
This is a farce IMO to compare:
"" "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." ""
First there is NO LAW that by being a woman you're breaking international law, there is NO LAW that because you're African American you're breaking international law, there IS a LAW that if you enter this country ILLEGALLY, that you ARE breaking international immigration law and it is NOT age dependent, IF you're BORN IN THE US, you're granted US citizenship. It does not apply to the same situation "I was brought here as a kid by my parents, so since I was a kid I am automatically a citizen".
The fascinating thing is all of these kids being brought into the US illegally by their parents, manage to go to school and accomplish so much, even into their 30's, 40's+ and yet the one thing they cant SEEM to *accomplish* is US citizenship even though hundreds of thousands of people do.
So he did very well in school, he passed the bar exam, that is great he applied himself and accomplished those goals, my question is, why wasnt one of his first goals to obtain LEGAL citizenship especially when he planned to enter a field that revolves around legal versus illegal, not guilty versus guilty.
According to him, this is some kind of historic event of something great, like freedom from slavery, however people in slavery didnt first break the law in order to be made a slave, law breakers are placed in jail/prison, so in his eyes, jail and prison doors should be thrown wide open, afterall 90+ % of law breakers behind bars will tell you "someone else got me locked up in here", the problem is, he can apply for citizenship but from he says it sounds like he wants to DEFY the LAW by remaining in the country illegally and still be given a job in the law field.
Maybe this will be more of a case NOT about true justice (according to him) but about just how corrupt the so called justice system can be... Curious, I wonder if he will be like some, defending murderers as innocent victims - along w/ millions of his illegally immigrating "brothers/sisters/cousins/nephews/aunts/uncles......."
What ever happened to the term illegal alien... too harsh for the aliens?
BtownRats,....'Undocumented immigrant' is the new accepted term
ellis - "Undocumented immigrant" is like referring to a drug dealer as an unlicensed pharmacist. Or a prostitute as an unlicensed entertainment venue. How about a car thief as an unregistered car repossession specialist?
If they allow him to practice law, his first case should be to dis-bar himself and his second should be to deport himself. If he doesn't do this, he has no respect for the law he would swear to uphold.
Sure he can be a lawyer... In Mexico.
Did I miss something? Did just compute? After all those years here, didn't this person think that he should become a citizen! Hasn't sponging off the state of Florida and the USA for so long make it just a little one sided? It shows that he is a taker and doesn't feel obilagated to give anything back. He wants to become a lawyer, if he makes it, because of his background how can he uphold the law because he is illegal. I sure wouldn't want him to be my lawyer.
Let's hope the idiots runnin the courts and of course congress, don't get some wild hair up there butts. and allow this to pass. I for one have had enough with the stupidity the leaders here are showing.
This isn't fair especially to those hard working legal citizens. The US government is a disgrace..bunch of a-holes.
Seriously, this is how you respect your country? You think it's so bad here, then go live in a country like Cuba. Ungrateful pri--.
He needs to be deported along with his entire family end of story, and if he received any assistance for school he should be forced to pay it back while living in MEXICO.
This is PURE BS. He is illegal pure and simple. He should also be made to pay for every last time US tax payers spend on him from k-12 grade. I am ok with anyone wanting to come here legally and play by the rules. Don't expect any respect from me because you are a felon illegal who has no rights in this country.
PAGING ICE Arrest on isle 3 please.
Well said tango couldnt agree with you more this guy has been stealing from us his whole life and his parents were stealing from our parents he needs a good ole boot in the arse!!!!!!!!!!!!!!!!!!
He didn't have a choice as child where he lived it was his parents decision. Now I asked how did he get through College and Law School, did he get Government Funds of any kind? If the Tax Payers has any investment in his education which we most likely do, and he went to College or Law School on scholarships. We own him, why deport him?
Dont care. Deport Pedro immediatley
These criminals have all sorts of crafty ways of defrauding banks, scamming the government and even faith based charities. I worked in the human services field for at least a decade, everytime I caught someone trying to defraud I did report it, for all the good it did, INS is a huge joke.
Unemployment is over 8%. 11.5 illegal immigrants plus the ones nobody is counting of looking for. It is probably closer to 25 million, from virtually every other country on earth. To ALL. Now that you have some free education and some skills, get your a*ses back to your own country and make a difference there.
Where I am at unemployment is surging just over 10%, some places it is just like the great depression. Everywhere I look I see an illegal, unable to speak English and totally disrespectful to out culture, stealing a job from an American citizen. Some of these ignorant employers say they work harder or they will take jobs Americans don't want, that's BS. They just don't want to have the expense of employing legals and citizens. And yeah 'pedro' might work hard while boss man is watching, wait until he isn't then it is party time, laughing and goofing off (this is why their homeland is such a mess). With the unemployment rate as high as it is there are many many legal citizens who would gladly do any job as opposed to going hungry just as nearly 46 million are doing today as we read these posts, many more are dying due to the inability to afford health care (and no Obamacare will NOT work/or fix the healthcare problem). We need to focus on providing for Americans rather than giving medicaid to illegals - that is a huge part of the medical care problem in our nation. Illegals plus domestic welfare frauds will equal preventable death for many Americans who could not get help because 'they didn't qualify'.
I thought that civil rights were reserved for citizens -- He sounds like a nice, hard working guy - the kind of person we want as a CITIZEN - This is a case to watch, I'm going to guess that the lawmakers are going to send him back to his home country; how could they not?
Yes we need imigration reform, something that closer resembles the laws of so many other country's - not a citizen, sorry, nothing for you. Draconian? As a citizen I do not have deep pockets, and my country is being bled dry by so many taking advantage of our over generous systems; medical, education, welfare. Systems that so many other country's do not have, that's why this young man's parents left their home country. add to that, my country's leaders continue to hand out cash and food to countries that are not our friends - anyone else out there that knows you can't purchase a good friend?
We spend so much for warfare in too many far flung countries, countries that may/ may not want us there. We spend to much in our medical system because we don't turn away anyone. We spend too much in our educational systems because we turn a blind eye to the young child in the class room who can not speak the language, we spend to much in our welfare systems because we feel so sorry for the young mother with no visible means of support for those tiny children. Draconian? What kind of welfare system does mexico have? What's the medical system like there? (I suspect - you have no money, sorry go elsewhere)
If the shoe were on the other foot, I'm certain that there would be no discussion, not a mexican citizen? - sorry, go away. And what's the most galling is that too many of our governmental officals continue to kiss up to that leaders of that country.
I like so many of my fellow citizens wants our border shut down tight while we clean house internally. Not a citizen? Go home. Draconian? I will not apologize.
So, we let the "nice" people bypass the judicial system and fast track to becoming a citizen??? How is he the type of citizen we want? He is what, probably 25 years old at least, and never worked a day in his life, because he doesn't have a SS number. He didn't pay one dime of his free college education. Yeah, the non-working smart illegal aliens who give nice interviews are the people we want to bed the rules for...(rolls eyes).
He says “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.”
I think a point some people are missing/ completely skipping over is that if he is given a license to practice it also enables him to receive his GREEN CARD. Which, for MANY immigrants is the first step to citizenship. It looks like he's attempting to become a citizen but as usual people seem to be overlooking the facts. The process to get your citizenship is extremely challenging, expensive and takes YEARS to acquire and many immigrants start with their green cards. So, before jumping to complete conclusions please attempt to take a few minutes to step down from your soap boxes and attempt to use those reading comprehension skills you were supposed to develop during grade school.
www(dot)citizenshipworks(dot)org/learn/
(here's the steps to become a citizen....good luck...the process takes years.)
...and you're missing his lie. He hasn't "contributed" anything since he doesn't have a "green card". No taxes have been paid by him EVER.
The process may take years so why not bypass it all together right????
are you again missing the point that for him to achieve a GREEN CARD he has to be employed first? his employer would have to sponsor him. Go to the link I provided it tells you all the requirements and steps on how to become a citizen. attempting to achieve employment so you can get your green card so that you can eventually become a citizen doesn't sound like bypassing it all together.
And how many years was he in this country???? He should of started the process years ago..no sympathy here. Also, since he's an adult, I'm guessing at one point in his life, he's had a job, did he pay taxes??..probably not. The process, the process..the guy never gave a crap about the process just kept taking advantage of the system.
Sure he can be a lawyer. In Mexico. If he wants to be one in the states he needs to get his citizenship first. He can pay taxes like he's suppose to. This is a fine example of how our social systems and public school systems waste time, money and resources on people that are here illegally. Thank you mr bush. Isn't calling an illegal alien an "undocmented worker" the exact same thing as calling a drug dealer an unlicensed pharmacist? I'm failing to see the difference.
bunch of dirty thieves GET OUT!!!!!!!!!!!!!!!!!!!!!!!!!!!!
He has known he was not a citizen for many years. and yet when he applied he stated "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" He did not have proof of his immigration status. He lied, he knew he was not a citizen. I believe everyone should be able to become a citizen through proper channels and being a law student, he should know the process. Instead he decided to go around the system. Doesn't a lawyer go by the law? He should apply to be a citizen and if he is accepted, he can began to pay taxes and health insurance that citizens have been covering for illegal imagrants for years.
Theres a greedy lil illegal here in ga who got into college and went all the way up until a year before she was due to GRADUATE (off illegal means - taxpayers money) when she was stopped by the cops for a traffic violation and they found out that she had no drivers license/insurance but was operating a vehicle AND attending college. Well this lil b*tch decided to take it to court and the COURTS decided to let the little mongrel GRADUATE AND LIVE HERE, WTF? Hellooooooooooooo shes ILL LEGALLLLLLLLLLLL = CRIMINALLLLLLLLL! These damn people laugh in the face of our "justice" system, meanwhile suck up our hospitals/welfare systems and dont even BOTHER to learn ENGLISH wtf are we putting things in SPANISH for? Isnt this AMERICA?????????? Why the hell are we cowtowing to these damn people? If you go to Mexico, you can be sure as hell that there are NO signs in ENGLISH but they WILL take your AMERICAN money - we are a f*cked up country anymore and its quite EMBARASSING!
Hell, the supreme court will probably grant the illegal everything that he wants, Kegan is totally against the arizona act sb1070, so hell they are lifers in the supreme court, let them pay for all the illegal's out of their own pockets. Opps, brain fart, we pay their salaries also, so we LEGAL CITIZENS AND TAX PAYERS are screwed again. How great the United States is.
Wrong Supreme Court. The case will be before the Florida Supreme Court.
He states he is a contributing member of society? How does he figure???? He is illegal and does not have a social security number or ITIN. Therefore he has never paid taxes like the rest of us. However, he and his family have milked the education system and used our health care system for free. It really is not fair that people enter this country illegally when so many others have to do it properly and pay their dues.
I have a relative who has been waiting for 2 yrs for disability after having worked nearly 30 yrs and paying his dues all the while pregnant illegals get free care and years of medicaid (for the mother AND child) after their baby is born..this is simply WRONG
Check out this post from another user, notices he says WE ARE TAKING OVER- that sounds oddly like a threat of taking away from people already here LEGALLY, it is as follows:
MexiCAN22
Congrats Elizabeth you spent all your time writing those lame responses.. and guess what? NO ONE CARES! I haven't stole anyones identity or used anyones social security. I have a state ID and I even pay taxes using my ITIN. some employers have let me work using my ITIN! I haven't applied for any credit cards and don't plan to. and say you hate mexicans all you want.. but Look around.. WE ARE EVERYWHERE... some places are even using spanish translation signs... guess what that means? We are taking over is kinda an understatement! :)
#702.14 - Tue Apr 24, 2012 2:02 PM EDT
By the way never said I hated Mexicans, just illegal criminal leeches!
I guess here in the United States anyone can be a lawyer. The fact is how many are any good?
But the bottom line is Illegals are still ILLEGAL.........
No way in hell!!! That makes a mockery of our legal system.
To be honest Harold, our legal system is already a mockery of itself...