By BILL KACZOR, Associated Press
TALLAHASSEE, Fla. -- A Florida man's bid to become the first undocumented immigrant to obtain a law license in the United States met skepticism Tuesday from most of the state's Supreme Court justices.
Jose Godinez-Samperio came to the U.S. with his parents on visitors' visas when he was 9 years old, but the family never returned to Mexico. He graduated from New College in Florida, earned a law degree from Florida State University and passed the state bar exam last year.
"He's somebody who has done everything he's supposed to do. He complied with every rule," Godinez-Samperio's attorney and former American Bar Association president Talbot "Sandy" D'Alemberte, said after the hearing.
Godinez-Samperio's case is one of a few across the country. Undocumented immigrants in New York and California also want to practice law there.
The Board of Bar Examiners in Florida found no reason to deny the 25-year-old Godinez-Samperio a license but asked the state's high court for guidance, said the board's lawyer, Robert Blythe.
"It's not really about this applicant," Blythe said. "It's a broader question."
Justice Barbara Pariente compared Godinez-Samperio's status to someone who doesn't pay federal income tax.
"The board would never recommend that person for admission to the practice of law," Pariente said.
Later, though, she suggested the court could temporarily license Godinez-Samperio. The seven justices questioned lawyers about the possibility of a limited license that would let Godinez-Samperio do free legal work and discussed delaying their decision to see if he obtains a work permit under a policy President Barack Obama announced in June.
"Somebody's trying to make it a – literally – a federal case, but we're talking about one person right now out of thousands every year," Pariente said.
Obama issued a directive to protect immigrants who are 30 or younger and entered the country illegally as children. It exempts them from deportation and offers temporary work permits and Social Security cards for those who apply. It does not provide a path to citizenship.
Pariente said Obama's policy "may or may not continue" if the Democratic president is defeated in November. Republican challenger Mitt Romney said Tuesday he would honor the temporary work permits under Obama's policy while promising comprehensive immigration reform before the two-year visas expire.
Godinez-Samperio said the election may decide his future.
"The voters need to take into account that the president they elect is going to make a lot of these policy changes," he said. "And Mitt Romney has been a failure at being clear on his immigration position."
The Florida justices are appointed by the governor and up for retention votes every six years. Three are on the ballot this year and are opposed by the GOP, a break from a typically nonpartisan election.
Justice Charles Canady also expressed reservations, citing a federal law that prohibits state agencies from licensing undocumented immigrants. He noted the case in California, where the U.S. Justice Department filed brief with the Supreme Court there opposing bar admission for Sergio Garcia.
Garcia also came illegally to the U.S from Mexico when he was a child, but he would not qualify for a work permit under Obama's new policy because he is 35 years old.
D'Alemberte, who also is a former Florida State University president and taught his client when he was a law student, said the federal law doesn't apply because the Florida Supreme Court is not an "agency." He also argued the states have a constitutional right to decide who practices law in their courts.
At least one Florida justice, Cuban immigrant and naturalized citizen Jorge Labarga, seemed to support Godinez-Samperio.
"If he's afforded a Social Security card that means he can work," Labarga said. "Then what's the issue?"
In New York, Ceasar Vargas has passed the bar exam but is waiting to see what happens in Florida and California before applying for a license. Vargas, whose parents illegally brought him to the U.S. from Mexico when he was 5, graduated from the City University of New York law school.
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What is Deferred Action For Childhood Arrivals?
Deferred action temporarily prevents deportation of an individual that resides in the United States without a lawful immigration status. <u>It does not give or result in lawful status</u> for the individual, and can be terminated or renewed at the discretion of the Department of Homeland Security (DHS). Deferred action does not excuse any past or future period of unlawful presence, however, individuals whose requests are accepted will not increase their unlawful presence in the country while under the action. Deferred Action for Childhood Arrivals is a new directive introduced by the Obama Administration on June 15, 2012. The policy shift will allow individuals unlawfully brought into the U.S. as children, and who meet certain guidelines, to apply for two years of deferred action subject to renewal and termination at the discretion of the DHS. Once deferred action has been granted, individuals qualify to obtain work authorization in the United States if he or she can prove "an economic necessity for employment." Those applying must meet all specified guidelines, but decisions will be made on a case-by-case basis. <a href="http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f2ef2f19470f7310VgnVCM100000082ca60aRCRD&vgnextchannel=f2ef2f19470f7310VgnVCM100000082ca60aRCRD" target="_hplink">Source: USCIS</a>
Who Is Eligible?
Individuals currently in removal proceedings, with final orders for removal or with voluntary departure orders, qualify as long as they are not in immigration detention. Those who are in detention can request consideration for deferred action from the U.S. Immigration and Customs Enforcement (ICE). Anyone who meets <strong>ALL</strong> 7 guidelines outlined by the Obama Administration is eligible to request deferred action from U.S. Citizenship and Immigration Services (USCIS).
Seven Requirements For Eligibility
Applicants must: 1) Be under 31 years of age as of June 15, 2012. You must be at least 15 years of age, with some exceptions.* 2) Have come into the U.S. <u>before</u> the age of 16. 3) Have lived in the U.S. permanently since June 15, 2012. Some travel acceptable.* 4) Have been physically in the U.S. on June 15, 2012 and when applying for deferred action. 5) Have entered the U.S. without inspection before June 15, 2012 or have had their lawful immigration status expire since then. 6) Be currently enrolled in school at the time of the request. Also eligible are individuals who have graduated from high school, obtained a GED certificate, or are a honorably discharged veteran of the U.S. Coast Guard or U.S. Armed Forces. 7) Have not been convicted of a felony, "significant misdemeanor, 3 or more other misdemeanors," and/or are not seen as a threat to national security or public safety. <a href="http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f2ef2f19470f7310VgnVCM100000082ca60aRCRD&vgnextchannel=f2ef2f19470f7310VgnVCM100000082ca60aRCRD" target="_hplink">*Check USCIS website for details.</a>
How To Apply?
<strong>Before applying</strong>: On their website, the USCIS presents applicants with tips to <a href="http://www.uscis.gov/portal/site/uscis/menuitem.e8b24a3cec33ca34c48bfc10526e0aa0/?vgnextoid=b9563ab7b8f3b210VgnVCM10000025e6a00aRCRD&vgnextchannel=b9563ab7b8f3b210VgnVCM10000025e6a00aRCRD" target="_hplink">ways to avoid scams</a>. In addition, the USCIS lists <a href="http://www.uscis.gov/portal/site/uscis/menuitem.e8b24a3cec33ca34c48bfc10526e0aa0/?vgnextoid=0dcc051e2286b210VgnVCM10000025e6a00aRCRD&vgnextchannel=678c051e2286b210VgnVCM10000025e6a00aRCRD" target="_hplink">Before and After Filing Tips</a>, help in finding <a href="http://www.uscis.gov/portal/site/uscis/menuitem.e8b24a3cec33ca34c48bfc10526e0aa0/?vgnextoid=03be051e2286b210VgnVCM10000025e6a00aRCRD&vgnextchannel=963e051e2286b210VgnVCM10000025e6a00aRCRD" target="_hplink">accredited legal services</a> to aid individuals file for deferred action, and examples of <a href="http://www.uscis.gov/portal/site/uscis/menuitem.e8b24a3cec33ca34c48bfc10526e0aa0/?vgnextoid=148522800d9bb210VgnVCM100000082ca60aRCRD&vgnextchannel=7a5ca25b1279f210VgnVCM100000082ca60aRCRD" target="_hplink">common scams to avoid.</a> <strong>Applying</strong>: USCIS begins accepting applications on August 15, 2012. Any requests received prior to this date will be rejected. For consideration, individuals must submit the following (next slide) to the USCIS Lockbox.
Forms and Fee
The application consists of: 1) A completed and signed, <a href="http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=05faf6c546129310VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD" target="_hplink">Form I-821D, Consideration of Deferred Action for Childhood Arrival</a>. Forms should include evidence to support that you meet all 7 guidelines of eligibility. 2) <a href="http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD" target="_hplink">Form I-765, Application for Employment Authorization</a> 3) <a href="http://www.uscis.gov/USCIS/Forms/Form Pages/i-765ws.pdf" target="_hplink">Form I-765WS, Worksheet</a> (which establishes your economic need for employment) 4) Filing fees for Form I-765, which total to $465.
All applicants will undergo a background check. Once the forms and fee are received and deemed complete by the USCIS, applicants will receive a receipt notice. The applicant can complete an additional form if he or she <a href="http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d9056d4e88ac3210VgnVCM100000b92ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD" target="_hplink">would like to receive this notice electronically</a>. Afterwards, the USCIS will send applicants notice of their mandatory appointment at an Application Support Center (ASC) for biometric services.
Fee waivers for the work authorization application and biometric collection cannot be requested, very limited exceptions exist.* Denial of deferred action does not mean applicants will be placed in removal proceedings, however under exceptional circumstances cases may be referred to ICE.* Deferred action can be extended past the initial two year period unless terminated. USCIS's determination may not be appealed, though cases can be reviewed in certain circumstances.* Applicants should NOT travel outside of the United States as of August 15, 2012. Doing so will make the applicant ineligible for deferred action consideration. <a href="http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f2ef2f19470f7310VgnVCM100000082ca60aRCRD&vgnextchannel=f2ef2f19470f7310VgnVCM100000082ca60aRCRD" target="_hplink">*Check USCIS website for details.</a>
How Many People Will Get Relief?
According to The Immigration Policy Center, <a href="http://www.immigrationpolicy.org/just-facts/who-and-where-dreamers-are" target="_hplink">approximately 1.4 million immigrants in the United States are expected to meet the 7 guidelines</a> of the deferred action initiative, now or in the future. An estimated 936,930 meet those requirements as of August 15, 2012. California (412,560), Texas (226,700), Florida (85,750), and New York (70,170) are the states with the highest number of expected beneficiaries. <a href="http://www.immigrationpolicy.org/just-facts/who-and-where-dreamers-are" target="_hplink">Click to view complete chart.</a> Mexican immigrants make up almost 70% of those eligible.
Opposition To Deferred Action
<a href="http://www.hstoday.us/briefings/today-s-news-analysis/single-article/dhs-unveils-guidance-for-deferred-action-for-qualfied-young-illegal-aliens/421b6b17eb43472ec0702b4d7c67c602.html" target="_hplink">Rep. Lamar Smith (R-Texas)</a>, chairman of the House Judiciary Committee: <blockquote>"In order to process the millions of applications from illegal immigrants, the Obama administration will have to divert funding and other resources from processing legal immigration applications. This will lead to a backlog for legal immigrants who followed the rules, while allowing lawbreakers to skip to the front of the line." Adding that the policy shift is an "open invitation for fraud" during the application process. </blockquote> The directive is <a href="http://www.google.com/hostednews/ap/article/ALeqM5hiVdc_qD32hV9d6M_29OxHtAjM3A?docId=a822d4de77c04dbcb5ba0af5db581166" target="_hplink">expected to cost $585 million. </a> Presidential candidate Mitt Romney said in an <a href="http://www.cbsnews.com/8301-3460_162-57454773/romney-immigration-needs-long-term-fix-not-stop-gap/" target="_hplink">interview with CBS News</a>: <blockquote>"With regards to these kids who were brought in by their parents through no fault of their own, there needs to be a long-term solution so they know what their status is."</blockquote>