California Supreme Court justices on Wednesday, Sept. 4, sharply questioned attorneys asking that an illegal immigrant who has earned a law degree and passed the state bar exam be granted a law license over the objections of the U.S. Justice Department.
Arguments for and against Sergio Garcia, an undocumented Mexican immigrant, seeking to practice law in California in a closely watched test case, hinged largely on interpretations of a federal law that bars the expenditure of public funds for the benefit of illegal immigrants.
The prohibition contained in the 1996 law extends to government spending on professional licensing, even by state 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.
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.
The State Supreme Court has 90 days to render its opinion.
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