California courts mull whether undocumented immigrant can practice law

California Supreme Court justices appeared reluctant Wednesday to grant a law license to Sergio Garcia, who graduated law school and passed the state's bar exam but has been living illegally in the United States for 20 years.

Arguments for and against Garcia, in a closely watched test case, hinged largely on interpretations of a 1996 federal law that bars the expenditure of public funds for the benefit of illegal immigrants, including for "professional licenses" from government agencies.

"Congress used a very broad term -- professional licenses," Justice Carol Corrigan said during oral arguments in the case. "But don't you think that if they really wanted to say, 'all other licenses...except lawyers,' they could have said that?" she asked Garcia's lawyers.

But attorneys of the 36-year-old, who has the support of the State Bar of California and state Attorney General Kamala Harris, maintained that the language of the law was vague and should not be interpreted as applying to law licensing.

The court has 90 days to rule in a case that has garnered national attention, putting the Obama administration against state officials who supported Garcia's application.

Outside of court, Garcia expressed optimism that the Supreme Court would rule in his favor despite the tough questions asked of the lawyers who spoke on his side during an hour of oral arguments.

"I'm confident that at the end of the day they'll come up with the right decision, and hopefully I can finally join the profession I have a passion for, which is law," Garcia said while standing with his parents on the courthouse steps after the hearing.

If the high court denies him a law license, Garcia said it would send a discouraging message to undocumented youths working toward building their education in the United States. But Garcia said he was determined to appeal his case to the U.S. Supreme Court if the California high court ruled against him.

Garcia, who earned a legal degree from Cal Northern School of Law in Chico, Calif., north of Sacramento, entered the United States as an infant with his parents. He lived in the country until the age of eight or nine and then returned with his family to his native Mexico.

At 17, Garcia reentered the United States with his father, who was then a permanent U.S. resident and later became a citizen.

Working the fields and at a grocery store, he attended community college, studying to become a paralegal, and then law school. Garcia passed the California bar on the first try, a boast that former Gov. Peter Wilson and nearly 50 percent of all first-time test takers can't make.

His father filed a petition seeking an immigrant visa for Garcia in 1995. Garcia is still waiting to receive the visa, which would allow him to seek permanent residency and ultimately citizenship.

U.S. Justice Department attorneys argued that the statute in question was clearly intended to bar illegal immigrants from being issued law licenses, which, because they are finalized by the state Supreme Court, require public funding.

"This provision applies on its face because a law license is a professional license," Justice Department lawyer Daniel Tenny said.

But State Bar attorney James Wagstaffe pointed to case law that he said showed that statutes such as those cited by Garcia's opponents were not meant to regulate attorney licenses.

"Because of the inherent power of the courts to admit attorneys, the cases say that unless the Congress either writes something that applies to every person and is over-inclusive or is very specific and goes right to the heart of the matter and talks about courts or attorneys, then it is not attempting to regulate those," Wagstaffe said.

The dispute is the latest high-profile immigration clash between state and federal laws.  

The Obama position surprised some, since it had recently adopted a program that shields people who were brought to the U.S. as children, graduated high school and have kept a clean criminal record from deportation and allows them to legally work in the country.

At 36, however, Garcia is too old to qualify for the Obama program. But he and the immigration groups supporting him argue that Garcia is exactly the type of candidate the Obama administration had in mind when it adopted its program.

A similar case is brewing in Florida. That state's Supreme Court has so far refused to certify a person living illegally in the U.S. as a lawyer, but has not issued a final ruling.

Wire services