California has rushed another bill, Assembly Bill 1024, into legistation last week, at the LAST MINUTE WITHOUT the vote of California voters in acceptance! A recent article in the Sacramento Bee, written by Peter Hecht, makes note of a particular illegal immigrant who wants a California License to practice law in the state of California! What a slap in the face to Californians. This man has been living in our country for 19 years without ever applying for citizenship, fully aware that he was breaking a law. He lived here under his mother's maiden name, fully aware he was breaking a law. He has never paid taxes on any form of income tax or property purchased of great value, hiding his assets and using other people's names to obtain such assets, hiding from law enforcement and other agencies and now he wants to practice law in our state!
"Larry DeSha, a retired prosecutor for the State Bar, wrote an opposing brief, declaring that “Mr. Garcia is not qualified to practice law because he continually violated federal law by his presence in the United States” as an undocumented immigrant." Lawyers for the U.S. Department of Justice also opposed Garcia’s appeal in a brief, citing a federal law prohibiting states from issuing professional licenses for undocumented immigrants. Even if the state were to approve a law license for Garcia, the Department of Justice wrote that “his possession of such a license would not imply authorization to work in the United States.” But Justice Marvin R. Baxter noted that federal statutes also appeared to give states the right to pass legislation allowing the issuance of professional licenses to illegal immigrants.
“I’m curious as to why the Legislature has not taken up that invitation,” Baxter said to Garcia’s lawyers, asking, “Do you happen to know?”
Two days later, Assemblywoman Lorena Gonzalez, D-San Diego, introduced urgency legislation on behalf of the California Latino Caucus. AB 1024, which would allow the California Supreme Court to license lawyers even if they are not legal residents, passed with bipartisan support, 62-4 in the Assembly and 29-5 in the Senate.
Brown has taken no position on the bill, according to his office. Even if the governor signs AB 1024 and the state Supreme Court supports him, conflicting state and federal laws mean Garcia may face more legal hurdles before practicing law, said McGeorge School of Law associate dean Clark Kelso.
“The state Supreme Court will not ignore the fact that the Legislature has adopted (a bill) that being an illegal immigrant is no bar for being a lawyer,” Kelso said. “That doesn’t mean that it’s over. The federal position is he can’t be an employee, that irrespective of whether you’re given a bar license, it’s illegal for you to be employed in California.”
Garcia said he wants to pursue civil law, including personal injury cases and other legal matters “representing the underdog.” But he isn’t yet renaming the “Offices of Sergio C. Garcia.”
“Until I have that piece of paper in hand and can put the name, ‘Law,’ on my door,” he said, “I’m not going to be comfortable.”" quoted from Mr. Hecht's article in the September 21st Sacramento Bee online newspaper.
Mr. Garcia is quoted as saying that he is not going to feel comfortable with putting the word 'Law' on his door, yet he is doing it illegally and still giving legal advice and obtaining undeclared income, dodging taxes against earned income as well as not self insuring for malpractice coverage, leaving anyone who is misrepresented on their own due to his having no recorded owned property of value for a lien or levy in the event of such a suit which means the person he has wronged will have no way to receive a payout of any such levy or lien. Knowing all of this, Mr. Garcia continues to break the law yet he is appealing to Californians for their support in his obtaining a license!
PLEASE SIGN MY PETITION TELLING ALL OF OUR POLITICIANS TO SHOW ILLEGAL IMMIGRANTS THAT YOU CAN'T PAY SMUGGLERS TO GET YOU INTO A COUNTRY, HIDE FROM GOVERNMENT DETECTION, AVOID IMMIGRATION AGENCIES, REFUSE TO WAIT FOR A GREEN CARD DUE TO THE BACKLOG OF IMMIGRANTS WHO WISH TO BE IN THE STATE, AND CONTINUE TO OBTAIN UNDECLARED INCOME ON AN ILLIGALLY OPERATED BUSINESS YET BE LICENSED IN THE STATE OF CALIFORNIA TO DO SO!
This petition closed over 3 years ago
This will let our political representatives know that California and United States citizens disagree with promoting and allowing illegal immigrants to practice law when their presence here, in...
This will let our political representatives know that California and United States citizens disagree with promoting and allowing illegal immigrants to practice law when their presence here, in California and the United States is an illegal and criminal act. How can a law breaker be an agent of the court when that agent is breaking laws just by their existence in the country to begin with?
We need to let our politicians know that we do not want to condone this illegal form of immigration being rewarded for breaking laws. It is also to let the politicians know that it is a slap in the face to those who had to go thru the immigration process legal to obtain citizenship in our country only for this country to simply hand out law licenses to those who obtained favors while illegally in the country.