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| Supreme Court Ignore Supreme Law of Law (Source: Jamison Wieser) |
California resident Sergio
Garcia went to law school, passed the California
State Bar exam, celebrated his remarkable achievement with friends and family,
then two weeks later received a notice from the state bar association.
“Your status is in
error.”
error.”
What was the error?
Sergio Garcia is not
an American citizen. He has lived in the United States for the past twenty
years, and eight years prior, his parents had brought him to the United States
as a seventeen-month old baby, but he lives in this country as an
undocumented immigrant. To be frank, he is an illegal immigrant.
an American citizen. He has lived in the United States for the past twenty
years, and eight years prior, his parents had brought him to the United States
as a seventeen-month old baby, but he lives in this country as an
undocumented immigrant. To be frank, he is an illegal immigrant.
He was born in Mexico,
and while his father ultimately received permanent resident status, his son
Sergio (and by extension his family) did not receive the same legal standing.
After nineteen years waiting for his green card, Sergio still has not achieved
citizenship.
and while his father ultimately received permanent resident status, his son
Sergio (and by extension his family) did not receive the same legal standing.
After nineteen years waiting for his green card, Sergio still has not achieved
citizenship.
The backlog for
Mexican nationals seeking American citizenship is enormous, and despite the
efforts of Congress to speed up enrollment for foreign nationals with graduate
degrees to expedite their immigration status,
Mexican nationals seeking American citizenship is enormous, and despite the
efforts of Congress to speed up enrollment for foreign nationals with graduate
degrees to expedite their immigration status,
Following lengthy
appeals, with tears in his eyes and sporadic comments on “somos todos Sergio” on his Facebook page, Garcia
received his law practice per a recent ruling from the California Supreme
Court.
appeals, with tears in his eyes and sporadic comments on “somos todos Sergio” on his Facebook page, Garcia
received his law practice per a recent ruling from the California Supreme
Court.
To be blunt, the
Court’s decision to permit Mr. Garcia to practice law is not just offensive,
but a dysfunctional sign of the times in our state, where the rule of law has
given way to the rule by feelings and sentiments.
Court’s decision to permit Mr. Garcia to practice law is not just offensive,
but a dysfunctional sign of the times in our state, where the rule of law has
given way to the rule by feelings and sentiments.
I have shared many
times before: the immigration process should be as simple as enter the country,
present your papers, pass a health screening and a background check, and be
free to live and thrive through your own will and intrepid spirit. However, the
massive growth of the welfare state, with public assistance available to so
many, yet paid by so few, and fewer year by year, a system of free immigration
to welfare is unfeasible and unsustainable.
times before: the immigration process should be as simple as enter the country,
present your papers, pass a health screening and a background check, and be
free to live and thrive through your own will and intrepid spirit. However, the
massive growth of the welfare state, with public assistance available to so
many, yet paid by so few, and fewer year by year, a system of free immigration
to welfare is unfeasible and unsustainable.
At this time,
especially with the current laws in place, legal immigration is a process which
must be respected.
especially with the current laws in place, legal immigration is a process which
must be respected.
Despite the arguments
from liberal activists, which contend that opponents of amnesty or a pathway to
citizenship are racist or bigoted for their views, both sides of the political
spectrum do recognize the importance of health, efficient, and effective
immigration system. Racism, xenophobia are not the roots of resistance.
Instead, the concerns about the financial drain on our health and education
facilities, coupled with the overgenerous public benefits programs in the state
of California, are worrying many residents.
from liberal activists, which contend that opponents of amnesty or a pathway to
citizenship are racist or bigoted for their views, both sides of the political
spectrum do recognize the importance of health, efficient, and effective
immigration system. Racism, xenophobia are not the roots of resistance.
Instead, the concerns about the financial drain on our health and education
facilities, coupled with the overgenerous public benefits programs in the state
of California, are worrying many residents.
But most of all, the
question of the rule of law cannot be ignored. For individuals to skirt the
legal process, however protracted, and assume many of the privileges of
citizenship, including a driver’s license or a law license for that matter,
represents an unjust slap in the face to the millions of legal immigrants who
paid the fees, passed the tests, and obeyed all the laws to become legal
residents of the United States.
question of the rule of law cannot be ignored. For individuals to skirt the
legal process, however protracted, and assume many of the privileges of
citizenship, including a driver’s license or a law license for that matter,
represents an unjust slap in the face to the millions of legal immigrants who
paid the fees, passed the tests, and obeyed all the laws to become legal
residents of the United States.
The rule of law issue
has a deeper, more complex element, magnified by the reinstated membership of
Sergio Garcia to the state bar. As an illegal immigrant, what moral standing
can Garcia offer? Let that troubling irony sink in: how can a lawbreaker by a
lawful representative for anyone? How dare he presume to advise anyone in the
state of California regarding any matter, when he by his very presence is
breaking the law?
has a deeper, more complex element, magnified by the reinstated membership of
Sergio Garcia to the state bar. As an illegal immigrant, what moral standing
can Garcia offer? Let that troubling irony sink in: how can a lawbreaker by a
lawful representative for anyone? How dare he presume to advise anyone in the
state of California regarding any matter, when he by his very presence is
breaking the law?
The Chief Justice of
the CA Supreme Court, rendered the following indefensible justification for
Garcia’s illegal legal certification:
the CA Supreme Court, rendered the following indefensible justification for
Garcia’s illegal legal certification:
Under these circumstances, we conclude that the fact that
an undocumented immigrant's presence in this country violates federal statutes
is not itself a sufficient or persuasive basis for denying undocumented
immigrants, as a class, admission to the State Bar.”
an undocumented immigrant's presence in this country violates federal statutes
is not itself a sufficient or persuasive basis for denying undocumented
immigrants, as a class, admission to the State Bar.”
If
the federal laws have no bearing, then why have lawyers? If a state Supreme
Court can ignore by judicial fiat to enforce certain laws at the expense of
others, then what the hell are we paying them for? Why have any lawyers if the
law is not serious enough to be taken seriously? By extension, rampant illegal
immigration ultimately undermines the very purpose of those immigrating: a
nation with the rule of law, where public safety and the enforcement of statue
and contract remain intact.
the federal laws have no bearing, then why have lawyers? If a state Supreme
Court can ignore by judicial fiat to enforce certain laws at the expense of
others, then what the hell are we paying them for? Why have any lawyers if the
law is not serious enough to be taken seriously? By extension, rampant illegal
immigration ultimately undermines the very purpose of those immigrating: a
nation with the rule of law, where public safety and the enforcement of statue
and contract remain intact.
Further questions
which we must ask go beyond, and further back besides the arrogant rulings from
the California State Supreme Court. Why was Garcia permitted to enroll in law
school in the first place? Or in any public school to attain the necessary
credentials to apply to a law school?
which we must ask go beyond, and further back besides the arrogant rulings from
the California State Supreme Court. Why was Garcia permitted to enroll in law
school in the first place? Or in any public school to attain the necessary
credentials to apply to a law school?
The arguments from
state legislators, humanitarians, and special interests pressing amnesty at all
costs, suggest that young illegals such as Garcia had no choice regarding their
status. While such circumstances are unfortunate, the collapse of the rule of
law, represented by granting a legal practice to an illegal immigrant, is
not a justified response for rectifying the situation. Rewarding lawbreakers,
based on status or action, will foment disturbing outcomes.
state legislators, humanitarians, and special interests pressing amnesty at all
costs, suggest that young illegals such as Garcia had no choice regarding their
status. While such circumstances are unfortunate, the collapse of the rule of
law, represented by granting a legal practice to an illegal immigrant, is
not a justified response for rectifying the situation. Rewarding lawbreakers,
based on status or action, will foment disturbing outcomes.
Garcia should be
disbarred and deported, and a real dialogue on immigration reform, free of
emotional race-baiting, must ensue.
disbarred and deported, and a real dialogue on immigration reform, free of
emotional race-baiting, must ensue.