Florida Supreme Court denies bar admission to Dream Act candidate
by
Carl D Berry on May. 12, 2014
Civil & Human Rights Civil Rights Immigration Civil & Human Rights Discrimination
Summary: Unauthorized immigrant denied admission to Florida Bar
In a recent California Supreme Court decision, the Court determined that an undocumented immigrant was eligible to practice law in the State of California. The Florida Supreme Court, however, holds a different opinion. In siding with U.S.D.O.J, the Florida Supreme Court held that Federal law [i.e. 8 U.S.C. § 1621 (2012) and the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Pub. L. No. 104-193, 110 Stat. 2105 (Aug. 22, 1996)], generally does not permit of unlawfully present aliens to obtain “state public benefits,” or in other words ‘“any . . . professional license, or commercial license” that is provided “by appropriated funds of a State.” See 8 U.S.C § 1621(c) (2012).’ Holding that a license to practice law qualifies as such a “state public benefit,” an unlawfully present alien would be ineligible to practice law pursuant to Federal statute. Nevertheless, a state may, through statute, allow such unlawfully present alien to be eligible for such “a state public benefit,” if said statute was passed after 1996. The California legislature, unlike Florida’s, has passed a qualifying statute provide for such eligibility in compliance with Federal law
