Immigrant sues over lost custody of child in Miss.

JACKSON, Miss. (AP) — A federal judge says a Mexican woman can proceed with a lawsuit against Mississippi’s welfare agency and others accusing them of trying to wrest away a newborn girl she delivered while in the U.S. illegally.

No trial date has been set for the lawsuit, which the Southern Poverty law Center filed on behalf of Cirila Baltazar Cruz in 2010.

The SPLC said Cruz — who spoke no English and little Spanish— delivered her baby in November 2008 at Mississippi’s Singing River Hospital in Pascagoula. Two days after the birth, the infant was taken from Cruz when the Mississippi Department of Human Services deemed the woman unfit, according to the lawsuit.

Cruz — who also could not read or write — had been interviewed by a hospital interpreter soon after giving birth. The interpreter spoke Spanish but not Chatino, a dialect indigenous to Cruz’s native Oaxaca region of rural Mexico, the group’s lawsuit alleges.

After talking with Cruz, the interpreter told one of the immigrant’s relatives that Cruz was trading sex for housing and wanted to give the child up for adoption, according to the lawsuit. Cruz said in court papers that she tried to explain to the interpreter that she worked in a Chinese restaurant and lived in an apartment.

The SPLC argued in the lawsuit that the defendants deliberately failed to provide adequate language interpretation to communicate with Cruz, thus depriving her of the right to be heard and to challenge the allegations made against her.

Cruz was separated from her daughter for a year before her child was returned to her in 2010 after the intervention of the SPLC, a nonprofit U.S. civil rights organization that said it presses for immigrant justice, battles hate and extremism and helps children at risk.

Cruz and her daughter have since returned to Mexico.

In a ruling this week, U.S. District Judge Henry T. Wingate denied the immunity claims of two employees of the Pascagoula hospital and a caseworker with the Mississippi Department of Human Services. Those defendants had sought immunity for the lawsuit under Mississippi’s Tort Claims Act.

The lawsuit names the department, which is Mississippi’s welfare agency, along with Singing River Health System and others. It seeks monetary damages and alleges the state officials conspired to deny Cruz and her child their constitutional rights to family integrity.

The MDHS has declined comment on the case. Singing River has said it followed proper procedures. The attorney general’s office did not immediately respond to a message left by The Associated Press.

SPLC staff attorney Michelle Lapointe said in a statement Wednesday that Cruz will have her day in court.

She lauded the judge for letting the lawsuit proceed.

“This decision means that state officials cannot violate with impunity a mother’s constitutional right to raise her child. Immigrant parents — like all parents — have the right to keep their families together. Fabricating charges against a mother to separate her from her child is egregious,” Lapointe said.

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Immigrant law grads fight to practice in the U.S.

Recent court cases have put a spotlight on whether undocumented immigrants can gain admission to the legal bar.

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FORTUNE — You’ve graduated law school and passed the bar. Excellent news, you’ve completed the two critical steps to becoming a lawyer. That is, of course, unless you’re an undocumented immigrant. In that case, the congratulations train may stop right here.

Three recent court cases have put a spotlight on whether undocumented immigrants can gain admission to the bar, and the two that have been decided don’t make the path for aspiring immigrant attorneys all too clear.

The most recent decision came late last week in the Florida Supreme Court, which ruled that Jose Godinez-Samperio, who moved from Mexico to the U.S. when he was nine years old, can’t practice law in the state even though he passed the bar exam and was authorized to work in the U.S. under the Deferred Action for Childhood Arrivals (DACA) program that the Obama administration enacted in June 2012.

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That decision came in the wake of a ruling by the California Supreme Court in January that determined just the opposite: Sergio Garcia, whose parents brought him to the U.S. from Mexico at 17 months, was allowed to join the state bar and practice law.

The differing outcomes of these cases hinge on a 1996 federal law Congress passed as part of President Bill Clinton’s effort to “end welfare as we know it.” The Personal Responsibility and Work Opportunity Act included a provision that denies undocumented immigrants access to “state public benefits” that are taxpayer funded, such as a license to practice law that’s granted by a state court.

The only way to get around this federal law is for states to enact their own legislation to override it. The California legislature did just that in October 2013. The Florida legislature, meanwhile, has failed to act.

In addition to the Florida and California cases that have already been decided, there’s the case of Cesar Vargas, a law school graduate and former intern for a State Supreme Court judge who came to the U.S. from Mexico when he was five years old. He’s fighting for admission to the bar in New York, though it’ll be a tough battle since the state has no law that supersedes the federal ban on law licenses for undocumented immigrants.

Vargas’s case certainly won’t be the last. The question of what rights and benefits undocumented immigrants can access will loom large as more who arrived in the U.S. as children gain work authorization through DACA — there were approximately 900,000 eligible individuals as of the initiative’s enactment — and as Congress stalls on a major immigration overhaul.

“Many of these [undocumented immigrant] students have become very politically active,” says Nicholas Espíritu, a staff attorney at the National Immigration Law Center. “The fact that there hasn’t been real immigration reform is unjust, and one of the ways that people attempt to address injustices is by going to law school. It’s not surprising that these people want to join the bar.”

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Some states have passed immigrant-friendly bills in recent years — like the 11 states that now allow immigrants to get a driver’s license — but so far California is the only state to pass legislative authorization of the admission of undocumented immigrants to practice law, according to Kevin Johnson, dean of the UC Davis School of Law.

For many states, it’s a question of whether it’s ideal to move ahead on their own or hold for action on the federal level. When signing California’s law, Governor Jerry Brown made his stance clear: “I’m not waiting,” he said.

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Investor immigrant visa program expanding rapidly


NEW YORK (CNNMoney) –

Sanjiv Patel has plowed over $1 million into his peanut company Holy Cow. Last year, he had over $300,000 in sales, his product was in roughly 600 stores, and he had two full-time employees. But if he doesn’t hire another eight people in the next 12 months, he could get kicked out of the country.

Patel is here on an investor immigrant visa — a controversial program that gives a green card to any foreigner who invests at least $500,000 and creates 10 jobs in the United States.

Next March, he’ll have to go before immigration officials and prove he’s created the 10 positions or he risks losing the temporary green card he was granted last year.

“The worst-case scenario is I leave,” said Patel, 40, who’s based in Dallas but originally from the UK. “I guess I could always sell the company.”

The investor immigrant visa (officially known as EB-5) has been around since 1990 but has expanded rapidly in the last few years. Over 6,600 visas were issued under it in 2012, according to a recent Brookings Institution report. That’s up from just 800 in 2007.

Its popularity seems to be driven by an increasing number of wealthy foreigners looking to move to the United States, as well as more people promoting the program abroad, according to Brookings.

But despite its popularity, the program has plenty of critics, especially those who see it as a way for the global elite to buy U.S. citizenship.

Even those who support it think there’s too much red tape and believe parts of it are mismanaged to the point of fraud.

Much of the criticism is leveled at a separate part of the program that allows investment in regional economic development funds. There, private entities control and invest the money, with the visa applicant often having little idea of where the money goes — though they still have to prove they’ve created jobs.

These private entities have been accused of ripping off investors, and both Brookings and an inspector general’s report from the Department of Homeland Security, which oversees the program, recommend substantial management changes.

Most program participants choose this passive investment method, but not Patel.

“I’d have to trust my money to strangers and hope for a return,” he said. Instead, he decided to start his own company.

The snack business wasn’t new to Patel. After graduating from Babson’s MBA program in 2002, he got a job at Stacy’s — then an upstart Boston snack maker. Four years later, Stacy’s was bought by Frito Lay for an undisclosed amount. As CFO, Patel paid over $1 million in taxes that year.

But without a job, Patel couldn’t stay in the country.

“There’s no visa to just stay in the United States and spend money,” he said. So he went back to his native England, where he stayed for four years.

But he quickly realized he wanted to return to the United States.

In 2008, he attended a trade fair in Chicago where food makers were looking for marketers to sell their product. He considered fragrances and powdered drinks before settling on peanuts.

“I thought the category was kind of sleepy,” he said. “There wasn’t really a strong, fun, branded presence.”

In 2011 he launched his brand — Lord Nut Levington, which has six kinds of flavored peanuts that are sold in major U.S. supermarkets. This April, he’ll be featured on ABC’s show “Shark Tank.”

He has two full-time employees — an accountant and a marketing chief. Together, they handle product development, marketing and the finances. Everything else — manufacturing, sales, etc. — is handled by outside firms.

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New York program gets public defenders for immigrants

In immigration court, there is generally no right to free legal counsel. Many immigrants represent themselves. But on this cold February morning, Cadet was greeted by a public defender who took on his case for free.

The Haitian immigrant is a client in a yearlong pilot program, believed to be the first of its kind, that provides free legal counsel to low-income people facing deportation.

With $500,000 from the New York City Council, about 20% of immigrants in nearby detention centers this year will receive a public defender. Proponents are looking for $7.4 million in city and state funding to expand the program to all of the 900 or so city residents who end up in immigration detention each year.

Immigrant rights advocates in cities across the country, including Los Angeles, are hoping to start their own public defender programs.

“Day after day, people are getting deported who shouldn’t be deported,” said Peter Markowitz, a professor at the Benjamin N. Cardozo School of Law in New York and a cofounder of the legal counsel program, called the New York Immigrant Family Unity Project.

Cadet’s initial hearing began a few hours after he met his attorney, Brittany Brown of Brooklyn Defender Services.

Brown argued that Cadet should be allowed to keep his green card because his convictions, for petty theft and turnstile jumping, were not “crimes involving moral turpitude.” A government attorney countered that the convictions made Cadet deportable. Judge Thomas Mulligan cited a case from 1945, then asked Brown to submit a written brief.

Since the pilot program began in November, hearings proceed more efficiently because attorneys have already explained the basics to their clients, its proponents say. Some, like Cadet, have possible defenses that they are unlikely to have unearthed on their own. Others are advised by their new lawyers that deportation is unavoidable.

“The thought that someone could go up against a trained government attorney, argue a complicated area of law without legal training and competently represent themselves is really a fiction. It will rarely happen,” said Oren Root, director of the Center on Immigration and Justice at the Vera Institute of Justice, which administers the program.

Prior to the pilot program, more than two-thirds of New Yorkers in immigration detention centers represented themselves, with a success rate of 3%, compared with 18% for detainees with attorneys, according to a study by backers of the program.

In Los Angeles, many immigrants also appear without attorneys, though exact figures are not available. On a recent morning at the federal building on Los Angeles Street, five of the 13 detainees on Judge Lorraine Muñoz’s docket had private attorneys. The others were navigating the byzantine immigration system alone.

“I have seen plenty of people who had defenses of various kinds and clearly did not understand that that was true,” said Ahilan Arulanantham, deputy legal director at the ACLU of Southern California, who recently won a case requiring the government to provide attorneys for mentally disabled immigrants.

By allowing breadwinners to stay in the country and support their families, and by reducing the time that clients spend in detention, the New York program could save millions of dollars, more than paying for itself, its backers have calculated.

But Mark Krikorian, executive director of the Center for Immigration Studies, said the program was a misuse of public money.

“The question is, should taxpayers be funding the defense of people, many of whom shouldn’t even be in this country?” said Krikorian, who advocates for a more restrictive immigration system. “The answer is no. It’s absurd on its face.”

As a federal appeals court judge, Robert Katzmann saw case after case in which immigrants missed legal arguments that could have saved them from deportation.

Katzmann convened a study group, which produced the 56-page report detailing the much lower odds for immigrants without legal counsel. Advocates used the data to persuade City Council members to fund New York’s pilot program.

“I had this view that justice should not depend on the income level of the immigrant, and that if we could improve the lawyering, we would have better confidence that justice was being done thoroughly and efficiently,” said Katzmann, chief judge for the U.S. 2nd Circuit Court of Appeals.

In Los Angeles, the public interest law firm Public Counsel represents several hundred immigrants each year, mostly using pro bono attorneys from private firms. Catholic Charities’ Esperanza Immigrant Rights Project also represents people facing deportation. But many still go without, especially those held in detention centers in distant locations.

“It’s staggering that we don’t have that, considering our needs here are as great or greater than New York’s,” said Judy London, head of Public Counsel’s Immigrants’ Rights Project. “Hopefully, this will put the fire under people’s feet and be a real motivator for government and the philanthropic community to fashion something like this.”

Facing Judge Muñoz without an attorney, Jose Juan Rodriguez Garcia said in fluent English that he was “not in a right state of mind” when he resisted arrest.

A government attorney argued that the crime was an aggravated felony, which along with a methamphetamine conviction would strip Rodriguez of his green card and force him to return to Mexico.

When Muñoz asked for a rebuttal, Rodriguez responded, “No, that’s correct,” then accepted a deportation order, reserving the right to appeal.

“I’ll continue to fight to stay,” Rodriguez said. He added that he had been the victim of a crime, which could potentially qualify him for a U visa.

Muñoz told him he would have to apply for the visa with U.S. Citizenship and Immigration Services.

“I don’t know how to do it,” she said.

cindy.chang@latimes.com

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750 immigration detainees on hunger strike in US

TACOMA, Washington — Immigrant-rights activists rallied outside the Northwest Detention Center in Washington state on Saturday, while at least 750 detainees protested their treatment with a hunger strike and called for an end tomore »

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Immigrant detainees on hunger strike in Washington state

By Jonathan Kaminsky

OLYMPIA, Wa. (Reuters) – Hundreds of detainees at an immigration holding center in Tacoma have gone on hunger strike to demand better conditions at the facility and an end to U.S. deportations, their attorney said on Saturday.

While advocates for the strikers put their numbers at 1,200, U.S. Immigration and Customs Enforcement (ICE) said in a statement that, on Friday evening, meals had been refused by 750 of a total 1,300 inmates at the Northwest Detention Center, operated by the GEO Group.

The hunger strike, in its second day on Saturday, will continue for at least five days and is likely to go longer, said Seattle-area attorney Sandy Restrepo, who represents several of the strikers and, in recent years, has represented hundreds of detainees at the privately run facility.

“People in detention can’t wait any longer,” Restrepo said. “They are human beings, not criminals, and they deserve better treatment.”

Under President Barack Obama, deportations from the United States have hit record highs, according to U.S. Department of Homeland Security data.

In addition to protesting U.S. deportation policy, the strikers’ demands include better food, increased pay for their work inside the facility and better over-all treatment by the guards, Restrepo said.

Along with the hunger strike, many detainees have also begun a work stoppage, she said.

The official average stay for detainees is four months, but most wind up staying longer, including a client whose release Restrepo secured after nearly two years in the facility, she said, adding that most of the detainees are from Mexico.

“ICE fully respects the rights of all people to express their opinion without interference,” said Seattle-based ICE spokesman Andrew Munoz.

Once detainees have refused food for 72 hours, they will be considered to be on hunger strike and be medically monitored, ICE said in a statement.

Officials for GEO Group did not immediately respond to messages seeking comment.

Supporters of the strikers plan to protest outside the facility every afternoon until Tuesday, said Maru Mora Villalpando, founder of the Seattle-based Latino Advocacy, an immigrants rights group.

Her group helped to organize protests outside the facility last month that blocked a bus and two vans with immigrants about to be deported from leaving the facility, she said.

The strikers are inspired in part by a days-long hunger strike begun last month outside an ICE office in Phoenix, Villalpando said, in which local media reported that family members of detainees demanded their release and an end to deportations.

Last year in California, prisoners went on a two-month hunger strike to protest the policy of keeping some inmates in near-isolation for years. They ended the strike in September, after state lawmakers agreed to hold hearings on the practice.

(Editing by Barbara Goldberg and Gunna Dickson)

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Why pro-immigrant activists are turning to hunger strikes

The nine-to-five crowd had thinned out by the time a mostly Latino crowd arrived outside the Immigration and Customs Enforcement  (ICE) processing center here to mark the end of a 15-day hunger strike this week.

Weakened by the lack of food, strike participants sat in wheelchairs, surrounded by friends and family, under a sidewalk canopy. They had fasted to call attention to the Obama administration‘s deportations and the detention of spouses, children, and siblings, many of whom remain behind bars for being in the country illegally. On Monday, the hungry group savored a bowl of vegetable soup and promised continued protests.

“This doesn’t stop here, we will keep at it,” says Anselma López, a Guatemala native who was briefly hospitalized for health complications after several days of not eating.

With hope fading over Congress’s capacity to tackle immigration reform anytime soon – a bipartisan reform bill passed the Senate last June but has stalled in the GOP-controlled House – pro-immigrant tactics to pressure the Obama administration to act are escalating.

Protesters want the president to use his executive powers to end deportations, until Congress can overhaul immigration laws and establish a path to legal status for some 11 million people now in the country illegally.

Critics call the fasts and vigils “protest theater” that aims to stir up emotion but doesn’t fit how federal agents are enforcing the nation’s immigration laws on the ground.

“The kind of enforcement that the activist groups are upset about is interior enforcement, where people living here get caught and get removed,” says Jessica Vaughan, director of policy studies for the Center for Immigration Studies in Washington, which promotes tighter immigration enforcement. “But that kind of enforcement has dropped 40 percent in the last two years.”

The outcry clearly indicates mounting frustration that “a big amnesty” has yet to materialize, she says. “I wonder if the Obama administration might use these demonstrations to further reduce deportations or widen the administrative amnesties that have already been implemented.” 

In Arizona, activists in Phoenix and Tucson have chained themselves to ICE buildings and buses carrying deportees, after immigration reform stalled in the House last July. Similar protests later temporarily derailed ICE operations in Chicago, San Francisco, and Fairfax, Va. Along US-Mexico border crossings, young activists who were deported or left the country on their own in July began testing immigration laws by requesting asylum en masse.

Young men and women in the country unlawfully also have surrendered to authorities with the aim of spending time in immigration detention centers across the country, including one in El Paso, Texas, in November and another near Detroit. Once inside, they document cases of inmates who might be eligible for release.

“We have tried everything, so now it’s really putting our bodies in the front lines,” says Erika Andiola, a prominent immigration activist in her mid-20s, who was arrested for trespassing while lending support to the strikers. She and two other protesters spent a night in jail.

Although the acts of disobedience vary from state to state, a national campaign dubbed “Not One More Deportation,” organized by the National Day Laborer Organizing Network, is sponsoring events to stop expulsions until political winds shift in favor of overhauling immigration laws. On April 5, activists plan to launch an “All Out in the Streets” day of action, including more hunger strikes and marches and sit-ins outside the White House and in other parts of the country.

Protesters blame the Obama administration for about 2 million deportations that they say frequently snare immigrants who lack legal status but are otherwise law-abiding or charged with minor crimes. These deportations, they say, go against 2011 enforcement guidelines that prioritize the arrest and expulsion of serious offenders.

While they credit the president’s move in 2012 to defer deportation for young immigrants who grew up in the US, they also view the volume of deportations as proof that many others who might be eligible to stay in the country one day now routinely get pushed out.

“There’s no way there are that many hard-core criminals being deported every day,” says Carlos Garcia, a leading organizer of the Phoenix hunger strike and director of Puente Arizona, a grassroots organization here.

But Ms. Vaughan, at the Center for Immigration Studies, says that criticism of the Obama administration for being too aggressive in enforcing immigration laws is misleading. An ICE directive issued on June 2011 orders agents not to arrest minor criminals, long-time residents, students, parents, caregivers, she writes. For none of these categories is there any “statutory basis for special treatment.”

Moreover, the record of deportations by the Obama administration from 2009-12 averages about 800,000 a year. That compares with 1.3 million a year for President George W. Bush and 1.5 million for President Clinton (the record). The closest comparison for Obama’s record is the Ford administration (1974-76), at 804,000, “when there were a lot fewer people living in the country illegally,” she says.

Perhaps in response to the rising criticism, the federal government in fiscal 2013, for the first time, broke down data that reports deportations from the US interior as well as along the border. The numbers, the most recent available, show that through Sept. 30 authorities deported 368,644 people, a 10 percent decrease from the previous year and the lowest numbers since Obama assumed office in January 2009. Of those, 133,551 occurred in the interior.

About 60 percent of all deportees had criminal convictions, according to the data, which include no details on the type of offenses committed.

Still, for Ms. Andiola and other protesters, the immigration battle is personal. She benefited from Obama’s Deferred Action for Childhood Arrivals program that suspends deportation for those brought here as children, either unlawfully or on visas that families overstayed. She now has a work permit and a Social Security card. But until her mother, Maria, and other relatives who have had run-ins with immigration authorities can legalize their US status, she vows to keep demonstrating.

“We’re going to make sure that President Obama knows that the Latino community is no longer going to be fooled by more promises,” Andiola adds. “We will escalate as much as we need.”

The president maintains that it is Congress, not he, who has the power to make significant changes to the immigration system. His stance is eroding support among former allies. This week, the National Council of La Raza, the country’s largest Latino advocacy group, joined a growing chorus calling the president  “deporter-in-chief.”

On Wednesday, as Obama pushed for a minimum wage hike at a Central Connecticut State University gym, protesters outside carried signs that demanded an end to deportations as they shouted a familiar chant: “Obama, Obama, don’t deport my mama!”  

In Phoenix, Ms. López, who has a 30-year-old son in long-term detention, says she abstained from eating as an act of desperation because he is set to be deported. Like her, most of those who went hungry speak of having a relative who was either expelled from the country or soon will be.

Roxana Abundes, whose family is of mixed status with some members being US citizens and others Mexican nationals, daily visited those on hunger strike to offer encouragement. She empathizes because a brother and her husband, both here illegally, were nabbed during a work raid recently and jailed for more than three months before being released. 

The status of her relatives prompted her to seek guidance from an advocacy group and she has been involved in demonstrations ever since. Her brother and husband have since secured work permits, Ms. Abundes adds. But she hopes that the hunger strikes and protests around the country will help bring about, if not full immigration reform, some special programs that will allow her family and others in their situation to stay in the US permanently.

“It’s a bit disheartening that we keep struggling for change but get no response,” she says.

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Illegal immigrant can't get law license, Fla. court rules

Immigrants in the country illegally can’t be given a license to practice law, a question that was raised when a man who moved here from Mexico when he was 9 years old sought a license in Florida, the state Supreme Court ruled Thursday.

The court said federal law prohibits people who are unlawfully in the country from obtaining professional licenses. The justices said state law can override the federal ban, but Florida has taken no action to do so.

“Simply stated, current federal law prohibits this court from issuing a license to practice law to an unlawful or unauthorized immigrant,” the court wrote.

The case involves Jose Godinez-Samperio, whose parents brought him to the United States on tourist visas and then never returned to Mexico. He graduated from New College in Florida, earned a law degree fromFlorida State University and passed the state bar in 2011.

Godinez-Samperio was represented by his former law professor, Sandy D’Alemberte, who is a former American Bar Association president.

Godinez-Samperio received a work permit in 2012 as part of President Barack Obama’s Deferred Action for Childhood Arrivals program, which halted the deportation of immigrants brought to the United States as children. He is working as a paralegal at Gulf Coast Legal Services, which provides free legal help to low-income people in the Tampa Bay area.

“I’m feeling very disappointed, but more than anything I’m feeling outraged at Congress, that they have failed to take action on immigration reform, they have failed to take action on dreamers issues and actually I’m feeling outraged at the president as well,” Godinez-Samperio said, noting that the U.S. Justice Department filed a brief in the case stating that the license shouldn’t be granted.

“If I were able to practice law I would be able to help so many immigrants navigate the legal system,” he said.

Justice Jorge Labarga expressed disappointment in the decision even though he reluctantly agreed with it. He called the situation an injustice and mentioned Godinez-Samperio’s was an Eagle Scout and the valedictorian of his high school. He said he and his family were welcomed with open arms when they arrived from Cuba because they were perceived as fleeing a tyrannical communist government, but Godinez-Samperio is perceived as a defector from poverty and is thus “viewed negatively.”

Labarga said Godinez-Samperio was “the type of exemplary individual The Florida Bar should strive to add to its membership.”

The Board of Bar Examiners in Florida found no reason to deny Godinez-Samperio a license but asked the state’s high court for guidance because of his immigration status.

Similar cases have played out in other states. Earlier this year, the California Supreme Court granted a law license to Sergio Garcia, who arrived in the U.S. from Mexico as a teenager to pick almonds with his father. But that ruling was only after the state approved a law that allows immigrants in the country illegally to obtain the license.

Labarga said Godinez-Saperios “is so near to realizing his goals yet so agonizingly far because, regrettably, unlike the California Legislature, the Florida Legislature has not exercised its considerable authority on this important question.”

D’Alemberte said he has already been in touch with House and Senate leadership about changing the law during the 60-day legislative session that began Tuesday.

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Florida migrant denied law licence








People participate in a protest march that organisers said was an attempt to get the US Congress to say yes to immigration reform 6 April 2013Florida has among the highest percentages of immigrants in the US


An undocumented Mexican immigrant who arrived in the US as a child cannot practise law in Florida, the state’s supreme court has ruled.

The court found current law denied Jose Godinez-Samperio a law licence because he was not “legally present” in the US.

One of the justices urged Florida’s legislature to pass a law undoing the court’s “inequitable conclusion”.

In a parallel situation, an undocumented immigrant in California was granted a law licence in January.

Sergio Garcia, who arrived in the US nearly two decades ago without papers, passed the California bar exam in 2009.

But he was not admitted to the bar until California passed a law allowing undocumented immigrants to gain law licences.

The issue came before both states after the Obama administration allowed some immigrants who had arrived illegally as children to remain in the US without fear of deportation and to gain work permits.


‘Defector from poverty’

In unanimously denying Mr Godinez-Samperio a Florida law licence, the Florida Supreme Court on Thursday cited a 1996 federal law precluding illegal immigrants from obtaining public benefits, including licences from government agencies.

In a concurrent opinion, Justice Jorge LaBarga said he only “reluctantly” sided with the other justices.


Sergio Garcia (September 2013)Sergio Garcia was granted a law licence by California several years after he passed the bar

Mr LaBarga said the Florida legislature could pass a law similar to California’s that would pre-empt the federal ban but said the state “had chosen not to act on this vital policy question”.

The judge, who will become Florida’s first Cuban-American chief justice in July, said he and Mr Godinez-Samperio shared similar backgrounds but with an important exception: the judge arrived from Cuba in the wake of the Cuban missile crisis and was unimpeded from gaining citizenship.

“Applicant, however, who is perceived to be a defector from poverty, is viewed negatively because his family sought an opportunity for economic prosperity,” Mr LaBarga wrote.

“It is this distinction of perception… that is at the root of Applicant’s situation.

“[Mr Godinez-Samperio] is so near to realizing his goals yet so agonizingly far because, regrettably, unlike the California Legislature, the Florida Legislature has not exercised its considerable authority on this important question.”

Mr Godinez-Samperio told the Miami Herald he would continue to work as a paralegal, while his lawyer had already begun lobbying Florida legislators to pass a law similar to California’s.

Source Article from http://www.bbc.co.uk/news/world-us-canada-26488420
Florida migrant denied law licence
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'Tiger mothers' run risk of raising ethnic outcasts in pursuit of academic success

The researchers analyzed in-depth interviews of 82 adult children of Chinese and Vietnamese immigrants, who were randomly selected from the survey of Immigration and Intergenerational Mobility in Metropolitan Los Angeles. They found that the Asian immigrant parents see education as the only sure path to mobility and are open about their intensive efforts to groom their children through extra classes and tutors. They fear that their nonwhite children may experience discrimination in fields like writing, acting or art. Therefore they shepherd their children into more conservative professions such as medicine, law and engineering which require advanced degrees and higher education and skills.

Lee and Zhou say this trend will continue as long as Asian immigrant parents perceive that their children are susceptible to potential discrimination from their host society. They recommend that Asian immigrants should broaden their success frame, so that their children do not feel constricted in their occupational pursuits, or feel like outliers or failures when they do not achieve the same successes so often attributed to their ethnicity.

The researchers believe that the decoupling of race and ethnicity from achievement can provide the space in which to acknowledge that most Asian Americans are not exceptional, and many do not achieve extraordinary educational and occupational outcomes. As a consequence, so-called “underachievers” may be less likely to reject their ethnic identities simply because they do not meet the perceived norm. Such efforts could also improve the self-esteem of Asian American college students, as well as the self-esteem of whites, blacks and Latinos who are often stereotyped by teachers and peers as being academic low-achievers compared to their Asian classmates.

“That Asian Americans are increasingly departing from the success frame, choosing alternate pathways, and achieving success on their own terms, should give Asian immigrant parents and their children confidence that broadening the success frame is not a route to failure. Instead, it may lead to uncharted and fulfilling pathways to success,” says Lee.

Source Article from http://www.sciencedaily.com/releases/2014/03/140306095257.htm
'Tiger mothers' run risk of raising ethnic outcasts in pursuit of academic success
http://www.sciencedaily.com/releases/2014/03/140306095257.htm
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