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  1. Steerpike
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    Steerpike Felis amatus Supporter Contributor

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    Undocumented Immigrant Can Practice Law in California

    Discussion in 'Debate Room' started by Steerpike, Jan 2, 2014.

  2. Wreybies
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    Wreybies The Ops Pops Operations Manager Staff Contest Administrator Supporter Contributor

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    Garcia has been a well known face in the Latin American community as regards the difficulty with which many undocumented people living in the U.S., who are gainfully employed, have with achieving citizenship. There seems a deep disconnect between this country's genesis and its current paradigm.

    The words on the plaque inside the base of the Stature of Liberty:

    Not like the brazen giant of Greek fame,
    With conquering limbs astride from land to land;
    Here at our sea-washed, sunset gates shall stand
    A mighty woman with a torch, whose flame
    Is the imprisoned lightning, and her name
    Mother of Exiles. From her beacon-hand
    Glows world-wide welcome; her mild eyes command
    The air-bridged harbor that twin cities frame.
    "Keep, ancient lands, your storied pomp!" cries she
    With silent lips. "Give me your tired, your poor,
    Your huddled masses yearning to breathe free,
    The wretched refuse of your teeming shore.
    Send these, the homeless, tempest-tost to me,
    I lift my lamp beside the golden door!"


    These words are become a lie. Emma Lezarus would not be impressed.
     
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  3. Steerpike
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    Steerpike Felis amatus Supporter Contributor

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    I agree @Wreybies and it seems a particularly bad system when we take individuals who were brought to the U.S. as infants, have never known any other life, and then suddenly as adults deport them to a country in which they've never lived. It seems that discretion and common sense don't play as important a role as they should.
     
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  4. Wreybies
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    Wreybies The Ops Pops Operations Manager Staff Contest Administrator Supporter Contributor

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    Yup. The system is terribly broken when someone like Garcia, raised here, educated, an attorney, a person with something of value to give who wants nothing more than to give it, is shown only a closed door.

    Worse is the the way that the difficulty in achieving citizenship is juxtaposed with a job market willing to hire, and since the specter of deportation hangs always over their heads, we have what is basically a paid slave class in America. When I worked for LLS, I was made aware of just how bad the situation is in the SouthWest when I took calls dealing with Latino on Latino exploitation. It's shaming to admit it happens, but it does.
     
  5. thirdwind
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    thirdwind Contributing Member Contest Administrator Reviewer Contributor

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    Good for Mr. Garcia! He worked hard and is qualified, so it only makes sense that he be allowed to practice. Great call by the Supreme Court.
     
  6. JJ_Maxx
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    JJ_Maxx Banned

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    Yeah, because screw laws, right? Am I right? Who's with me?
     
  7. thirdwind
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    thirdwind Contributing Member Contest Administrator Reviewer Contributor

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    Laws can easily be changed. In some cases, I believe they should be changed.
     
  8. Steerpike
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    Steerpike Felis amatus Supporter Contributor

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    Actually, California law explicitly allows this. And States historically determine the requirements for practicing laws within their jurisdictions, so conservatives who favor State's rights and the dual-sovereignty of State and Federal government should be fine with this.
     
  9. Steerpike
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    Steerpike Felis amatus Supporter Contributor

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    In this particular case, they were changed. Last year California passed a law explicitly allowing undocumented immigrants to practice law.
     
  10. JJ_Maxx
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    JJ_Maxx Banned

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    Whether or not you believe a law should be changed is irrelevant. It is either law or not until something changes.
     
  11. Steerpike
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    Steerpike Felis amatus Supporter Contributor

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    Which it was, in this case :)
     
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  12. thirdwind
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    thirdwind Contributing Member Contest Administrator Reviewer Contributor

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    The law already changed in California (thank God for that). I can only hope other states follow suit. Some of our immigration laws are messed up.
     
  13. Duchess-Yukine-Suoh
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    Duchess-Yukine-Suoh Girl #21 Contributor

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    Says the person against several laws!
     
  14. JJ_Maxx
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    JJ_Maxx Banned

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    I'm a little rusty on my Constitutional Law, but doesn't Article VI, Clause 2 of the United States Constitution stipulate:

    This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.

    And in 1982, via Edgar v. MITE Corp., 457 U.S. 624, the Supreme Court declared that "A state statute is void to the extent that it actually conflicts with a valid Federal statute."

    I am?
     
  15. Steerpike
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    Steerpike Felis amatus Supporter Contributor

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    That's only true to the extent it is an area of Federal power and a valid exercise of Federal law. There is no grant of power in the Constitution to give the federal government the authority to pass laws pertaining to bar admissions in any state, nor is there any federal law dictating the requirements for state bar admissions, so there is no Supremacy Clause issue here because there is no conflict between State and Federal law. You could argue that he should still be subject to deportation under Federal law, but that does nothing whatsoever to remove California's power to allow him to be a member of the State Bar if they so choose.
     
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  16. Cogito
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    Cogito Former Mod, Retired Supporter Contributor

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    "Common" sense isn't.
     
  17. JJ_Maxx
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    JJ_Maxx Banned

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    You're right, but my first post was directed at someone who is an illegal alien. ('Undocumented immigrant' is a rediculous phrase, but that's another thread.) If they show up to any federal institution, like, I don't know, a court room, they should be arrested and prosecuted under US law.
     
  18. GingerCoffee
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    The OP said undocumented, not illegal alien.

    It would appear he is in the process of addressing his status within the process the law allows.
     
  19. JJ_Maxx
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    JJ_Maxx Banned

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    So the new law only allows people who's immigration status is pending to become a lawyer?
     
  20. chicagoliz
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    chicagoliz Contributing Member Contributor

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    Particularly given that he was granted a visa way back in 1995, but a backlog has prevented further action, I don't see why this really should be problematic.

    Our immigration policy is a disgrace. There was an article about a similar issue a year or so ago, written by a very well respected journalist for, I believe, the Washington Post. He was sent here as a child and never realized he wasn't a citizen until he was an adult.
     
  21. JJ_Maxx
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    JJ_Maxx Banned

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    If we gave the whole immigrations system to a company like Microsoft or Apple, they would probably be able to fix it and make it profitable, but the US government is useless.
     
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  22. erebh
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    erebh Contributing Member Contributor

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    you guys wanna talk about US immigration? pffffffffft!
     
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