Latino Caucus Submits Amicus Brief Urging The California Supreme Court To Admit Sergio Garcia To The State Bar
SACRAMENTO, CA - The California Latino Legislative Caucus has submitted a supplemental Amicus Brief urging the California Supreme Court to admit Sergio Garcia, an undocumented immigrant who passed the bar exam, to the State Bar of California. This Brief follows in the wake of AB 1024’s successful passage through the legislature. Authored by Assembly Member Lorena Gonzalez (D-San Diego) and co-authored by the Latino Caucus, this bill permits the State Supreme Court to admit as an attorney any applicant who has fulfilled all requirements for a law license notwithstanding their undocumented status.
“The Latino Caucus stands proud to support people like Sergio Garcia in their endeavors to pursue the American Dream,” stated Senator Ricardo Lara (D-Huntington Park/ Long Beach), Chair of the Latino Caucus. “This bill is critical to ensuring that all residents, irrespective of legal status, have the opportunity to work towards progress for themselves and their families.”
AB 1024 is a direct response to a case currently pending at the California State Supreme Court. Recently, the Court heard testimony in the case In Re Sergio C. Garcia on Admission (S202512), which concerned Mr. Garcia’s petition to obtain a law license in California. Having passed the State Bar examination and fulfilled all other requirements, Mr. Garcia was routinely sworn into the legal profession in 2011. Two weeks later his license was rescinded on the basis that the Personal Responsibility and Work Opportunity Reconciliation Act passed by Congress in 1996 prohibits undocumented immigrants from receiving professional licenses with the use of public funds, unless state law explicitly overrides it.
“AB 1024 completes the promise we’ve made to DREAMers who have worked hard, studied hard, passed the Bar exam and now just want the right to make a living for themselves as an attorney,” stated Assembly Member Gonzalez.
AB 1024 explicitly allows the Supreme Court to admit all law license applicants who have fulfilled the admission requirements regardless of immigration status.
The Amicus Brief submitted today, urges the Supreme Court to acknowledge the hard work, dedication and perseverance of all of those who have met the requirements to practice law. The Supreme Court has indicated that they will issue a ruling after January 2, 2014 on Sergio Garcia’s case.
AB 1024 will go into effect on January 1, 2014.
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Contact: Lizette Mata, (916) 651-4033