In re Garcia - 58 Cal. 4th 440, 165 Cal. Rptr. 3d 855, 315 P.3d 117 (2014)

Rule:

The fact that an undocumented immigrant is present in the United States without lawful authorization does not itself involve moral turpitude or demonstrate moral unfitness so as to justify exclusion from the State Bar, or prevent the individual from taking an oath promising faithfully to discharge the duty to support the Constitution and laws of the United States and California.

Facts:

The Committee of Bar Examiners submitted the name of Sergio C. Garcia for admission to the California State Bar. In response to questions on the State Bar's application for determination of moral character, Garcia indicated that he was not a United States citizen and that his immigration status was “Pending.” The Committee conducted an extensive investigation of Garcia's background, employment history, and past activities, received numerous reference letters supporting Garcia's application and attesting to his outstanding moral character and significant contributions to the community, and ultimately determined that Garcia possessed the requisite good moral character to qualify for admission to the State Bar. In conjunction with its certification, the Committee brought to the Supreme Court's attention the fact that Garcia’s immigration status was that of an undocumented immigrant. The Committee noted that the question whether an undocumented immigrant may be admitted to the State Bar was an issue that of first impression.

Issue:

Could an undocumented immigrant be admitted to the State Bar?

Answer:

Yes.

Conclusion:

The Supreme Court granted the Committee's motion to admit the bar applicant to the State Bar. The Court concluded that Bus. & Prof. Code, § 6064, subd. (b), removed any potential statutory obstacle to the applicant's admission posed by 8 U.S.C. § 1621. The fact that an undocumented immigrant was present in the United States without lawful authorization did not itself involve moral turpitude or demonstrate moral unfitness so as to justify exclusion from the State Bar, or prevent the individual from taking an oath promising faithfully to discharge the duty to support the Constitution and laws of the United States and California. The fact that an undocumented immigrant's presence in the country violated federal statutes was not itself a sufficient or persuasive basis for denying undocumented immigrants, as a class, admission to the State Bar. According to the Court, existing federal limitations on the employment of undocumented immigrants do not justify excluding such persons from admission to the State Bar. There was no state law or state public policy that would justify precluding undocumented immigrants, as a class, from obtaining a law license in California. The Court concluded that the bar applicant met his burden of demonstrating that he possessed the requisite good moral character to qualify for a law license.