Tag Archive for: undocumented immigrant becoming member of Florida Bar

Florida Supreme Court to Hear Whether or Not Undocumented Immigrants Are Eligible for Admission to The Florida Bar

The Florida Supreme Court is now back in session and is facing several high-profile cases.  One of those cases to be decided is:

Florida Board of Bar Examiners Re: Question as to Whether Undocumented Immigrants Are Eligible for Admission to The Florida Bar.

We have already posted twice on our blog regarding this case.  To review, click on the following links:

https://www.floridabarhearing.com/barhearingblog/?p=177

https://www.floridabarhearing.com/barhearingblog/?p=225

Briefly, the case involves Jose Godinez-Samperio, who came to America at 9 years-old from Mexico and graduated from law school at Florida State University. The problem is, Godinez-Samperio is an undocumented immigrant. The Supreme Court heard arguments in October, 2012, after the Florida Board of Bar Examiners asked the justices for guidance.

Godinez-Samperio also was approved to stay and work in the country under the 2012 Obama administration policy — “deferred action” — which was developed to help young people.

Last year the justices questioned whether the federal law prohibits undocumented immigrants from getting law licenses. In May, the U.S. Department of Justice said federal law bars the Florida Supreme Court from issuing a law license to an “unlawfully present alien,” regardless of the deferred-action issue. This dealt a major blow to Godinez-Samperio’s case.

Attorney Lars K. Soreide,  Soreide Law Group, represents those seeking admittance to the Florida Bar, and existing lawyers, for both Investigative Hearings and Formal Hearings in front of The Florida Bar. For more information about our services please call (888) 760-6552.

 

Non-US Citizens Applying to The Florida Bar

The following message was sent from the Florida Bar to the 17th Circuit Representatives of  The Florida Bar Board of Governors;

“The Florida Bar Board of Governors met on July 26, 2013. Major actions of the board and reports received include:

In response to a notice of intent to file a petition to amend Rule 1-3.1 of the Rules Regulating The Florida Bar to specify that no one who has complied with requirements for Bar  admission be disqualified from membership solely because he or she is  not a U.S. citizen, the board voted to respond to the petition after its filing by indicating that the board supports the concept contained in  the petition, but that the board believes that the amendment is more  appropriately placed in the Rules of the Supreme Court Relating to  Admissions to the Bar, and that the board recommends to the Supreme  Court of Florida that it seek input from the Board of Bar Examiners on  the issue. The notice of intent to file the petition was submitted as  per Rule 1-12.1(f) and (g). The Florida Bar has not taken a position on the case of Jose Godinez-Samperio, an undocumuented immigrant seeking to become a member of the Bar.”

The following article pertains to the above mentioned case and appeared in our blog:

https://www.floridabarhearing.com/barhearingblog/?p=177

Attorney Lars K. Soreide, of Soreide Law Group, PLLC, represents those seeking admittance to the Florida Bar, and existing lawyers, for both Investigative Hearings and Formal Hearings in front of the Florida Bar. For more information about our services please call (888) 760-6552

Can Undocumented Immigrant Be Accepted to Florida Bar?

In an April 15, 2012, article from South Florida’s Sun Sentinel, Rafael A. Olmeda writes that there is now a question of whether or not an immigrant without a green card get a Florida Bar card?

The aspiring lawyer, Jose Godinez-Samperio, 25, a Tampa-area resident, is hoping the answer is yes. A native of Mexico who entered the United States legally with his parents 16 years ago on a tourist visa, Godinez-Samperio is a graduate of the FSUCollege of Law, the valedictorian of the Armwood High School class of 2004, an Eagle Scout — and an undocumented immigrant. The last quality may keep him from achieving his dream.

Olmeda writes that the Florida Board of Bar Examiners, which grants membership to the Bar, has asked the state Supreme Court to determine whether it can accept someone who is not in the country legally. The Supreme Court flagged the case as “high profile” last week.

Tom Fitton, president of the conservative watchdog group Judicial Watch, said, “He can’t practice as a lawyer,” Fitton said. “He is not legally able to work in the United States. … It seems to me that it would be an absurdity to give him a Bar card at this point.”

The Sun Sentinel article adds that similar applications are pending for students in California and New York. But Godinez-Samperio, who once described himself as “undocumented, unapologetic and unafraid,” has influential allies who believe his immigration status should not keep him from getting a license to practice law, even though federal statutes would forbid him using that license to earn a living.

Godinez-Samperio has been candid about his status at every opportunity, disclosing it on college and law school applications (his application to law school included an essay titled “The Consequences of my Criminal Childhood,” although being in the country illegally is a civil infraction, not a crime).

Immigration advocates have lobbied Congress to pass the Development, Relief, and Education of Alien Minors (DREAM) Act, which would provide a path to citizenship for undocumented children who were brought to this country by their parents and raised in the United States. Congress has yet to pass such a law.

The Board of Bar Examiners began requiring exam-takers to submit proof of immigration status in 2008, but waived that policy for Godinez-Samperio, who disclosed his status and argued that documentation was not required as a rule for admission to the Bar.

There’s no way of knowing whether any undocumented immigrant was accepted before 2008, and Godinez-Samperio is the first to apply for membership since. Some have suggested Godinez-Samperio can practice law in Florida if he takes on cases pro-bono.

Olmeda concludes his article in saying that Godinez-Samperio, who declined to be interviewed for the Sun Sentinel article, also has the support of his local congresswoman. U.S. Rep. Kathy Castor, D-Tampa, wrote in a letter to the Supreme Court that taxpayers are already investing time and money by educating undocumented students during and after high school. “To deny these students the opportunity to become doctors or lawyers or practice another profession is to deny the state of Florida and all of our neighbors an educated and talented workforce,” she wrote.

Attorney Lars K. Soreide, of Soreide Law Group, PLLC, represents those seeking admittance to the Florida Bar, and existing lawyers, for both Investigative Hearings and Formal Hearings in front of the Florida Bar. For more information about our services please call (888) 760-6552 or visit: www.floridabarhearing.com.