The Gender Abortion Scandal

A global war on girls, which is endemic in parts of the developing world, may have landed in Britain according to a study that claims some immigrant families are using selective terminations to choose the sex of their children.

Afghan, Pakistani and Bangladeshi communities in Britain have been accused of aborting female fetuses by the Independent newspaper. An analysis of government figures suggests that the proportion of second and third born children within those groups is statistically abnormal—favoring the birth of boys.

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“There is absolutely no doubt that these terminations, where a mother has an abortion because the child is a girl, are taking place within the South Asian population in Britain,” said Jasvinder Sanghera, a rights campaigner. “I think almost any Asian woman you talk to would say she feels a pressure to have a male child. There will be many, many Asian women out there who are pregnant and who are thinking, ‘please, please let it be a boy’.

The study claims that the practice is so common that the natural 50-50 gender balance has been upended in some immigrant communities. Based on extrapolations of the data, the newspaper claims that between 1,400 and 4,700 girls are missing from the 2011 national census records of England and Wales.

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Last year the British government carried out its own investigation into gender-based abortions and found no evidence that it was taking place. The newspaper conceded that families choosing to keep having children until they naturally conceived a boy could account for most of the statistical bias.

Christoforos Anagnostopoulos, a lecturer in statistics at Imperial College London, however, said that among Pakistani, Bangladeshi and Afghan communities there was evidence of a clear trend. “The only readily available explanation that is consistent with a statistically significant gender shift of the sort observed in the census data is gender-selective abortion,” he told the Independent. “In the absence of a better theory, these findings can be interpreted as evidence that gender-selective abortion is taking place.”

READ MORE On Blaming Nazi Space Aliens

Families aborting female fetuses in order to guarantee the birth of a son has been a known issue in countries including India and Pakistan for decades but it is not commonly seen in western democracies. In China, the one-child policy, which was relaxed at the end of last year, has helped to create the highest gender imbalance in the world. Recent Chinese statistics suggested there were 120 newborn boys for every 100 girls.

A spokeswoman for Britain’s Department of Health did not comment on the results of the study, but condemned the practice of gender-based terminations “Abortion on the grounds of sex selection is against the law and completely unacceptable,” she said.

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A spokeswoman for the British Pregnancy Advisory Service wrote in a series of messages on Twitter: “It is not our experience that women from any specific communities seek sex selective abortions. The claim of a “war” on female foetuses in Britain is hugely insulting to both women and to immigrant communities. Outrageous to suggest women shouldn’t have access to information about their pregnancy because they can’t be trusted to make moral decisions. Where gender discrimination exists it must indeed be tackled, but certainly not in the form of further undermining women’s rights. Women from immigrant groups request abortions for the same reasons as women from the UK—because they have a pregnancy they can’t cope with.”

Dr Sudhir Sethi, a pediatrician, claimed that some mothers were travelling back to Asia for terminations at clinics where the regulations were far less stringent. He said he knew of 12 mothers who had travelled to India for terminations of female fetuses. “There are no reliable and absolute figures to say how many [are travelling abroad for terminations] but we can say that they are more than just a few, to say the very least,” he said. “There are many travelling to India, not only from the UK but those settled in other parts of the world. It is a lucrative and a thriving business—overseas Indians are more lucrative because of the amount they can pay for this to be done.”

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Italy's anti-immigrant Northern League under fire for listing black minister's whereabouts

The newspaper of Italy’s anti-immigrant Northern League party has come under fire for a reported new feature listing the daily whereabouts of the country’s first black Cabinet minister.

The “Here’s Cecile Kyenge” feature was announced days after the Congolese-born Kyenge was once again heckled during a weekend appearance in Brescia by Northern League and other right-wing extremists.

Ever since her appointment in April, Kyenge has faced racist taunts from Northern League politicians and activists. She has made changing Italy’s restrictive immigration and citizenship policies a priority, arguing that immigrants are a resource that Italy needs and not a security threat or burden.

On Tuesday, lawmakers from Kyenge’s Democratic Party called the new feature in the La Padania daily an act of intimidation and demanded it be discontinued.

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Anti-immigrant paper under fire for Kyenge agenda

ROME (AP) — The newspaper of Italy’s anti-immigrant Northern League party has come under fire for a reported new feature listing the daily whereabouts of the country’s first black Cabinet minister.

The “Here’s Cecile Kyenge” feature was announced days after the Congolese-born Kyenge was once again heckled during a weekend appearance in Brescia by Northern League and other right-wing extremists.

Ever since her appointment in April, Kyenge has faced racist taunts from Northern League politicians and activists. She has made changing Italy’s restrictive immigration and citizenship policies a priority, arguing that immigrants are a resource that Italy needs and not a security threat or burden.

On Tuesday, lawmakers from Kyenge’s Democratic Party called the new feature in the La Padania daily an act of intimidation and demanded it be discontinued.

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2014 RBC Top 25 Canadian Immigrant Awards Opens Call for Nominations

TORONTO, ONTARIO–(Marketwired – Jan 7, 2014) – Canadian Immigrant magazine is pleased to announce the call for nominations for the RBC Top 25 Canadian Immigrant Awards of 2014.

For the sixth year, Canadian Immigrant magazine and title sponsor RBC want to recognize and celebrate the stories and achievements of outstanding Canadian immigrants who inspire newcomers and Canadians alike. Associate sponsor Chevrolet is also back on board for the second year.

“Who inspires you? That’s the question we’re asking,” said Margaret Jetelina, editor of Canadian Immigrant. “We want to share the stories of immigrants from every corner of the country who have chosen Canada as their home and made it better for being here. We need your help in uncovering these inspiring people.”

Some of the winners from previous years include dancer/choreographer Wen Wei Wang, entrepreneur and community leader Zahra Al-Harazi, NBA superstar Steve Nash, former Governor General of Canada Adrienne Clarkson and many more, including entrepreneurs, artists and community volunteers.

This national people’s choice award is unique in that it allows Canadians to first nominate and then vote directly for individuals who have made a difference since their arrival in Canada. More than 31,000 votes from across Canada were cast in the 2013 awards program.

“Nominating someone as a top Canadian immigrant provides people with an opportunity to recognize role models who have made a difference in, or who have made a significant contribution to this country,” said Christine Shisler, Director, Multicultural Markets, RBC. “We have seen some incredible past winners who have made significant contributions, and we can’t wait to hear this year’s motivating and inspiring stories.”

A nominee can be someone who has moved to Canada and, since immigrating, has contributed to the diversity and success of this country and/or its people. Achievements can be either professional or personal. Nominees must hold landed immigrant (Permanent Resident) or citizen status in Canada and must reside in Canada.

“The RBC Top 25 Canadian Immigrant Awards recognize people who have shared their passions for Canada as they earned significant achievements and realized their dreams,” said John Roth, Vice President for Chevrolet in Canada. “The Chevrolet Ingenuity Award will further recognize the efforts of a truly inspirational individual.”

Nominations can be made by visiting canadianimmigrant.ca/rbctop25 until February 27, 2014, 11:59 pm EST. A distinguished panel of judges will review all nominees and present a list of 75 finalists who will be profiled online in March, after which all Canadians can vote for their favourite nominees.

The 25 winners will be announced in June 2014, and will be recognized in the July print edition of Canadian Immigrant magazine and online at canadianimmigrant.ca. Winners will also receive a commemorative plaque and $500 towards a charity of their choice provided by RBC. Chevrolet will once again be selecting one winner for its special recognition: the Chevrolet Ingenuity Award. This year’s media partners are the Toronto Star, Metro, CBC, Sing Tao and South Asian Focus.

About Canadian Immigrant

Attracting more than 400,000 readers each month and over 100,000 visitors a month online, Canadian Immigrant is a national magazine, distributed in Toronto, Vancouver and in key centres across the country, which helps new Canadians build a successful life and home in Canada. Its mandate to inform, educate and motivate provides easy-to-access content for newcomers looking for information from careers, education and settling in to culture and business. Our website, canadianimmigrant.ca, offers daily editorial, forums, tools and resources to further help newcomers across Canada. Canadian Immigrant is a division of Metroland Media Group, a dynamic media company with more than 100 community and daily newspapers in print and online, as well as innovative websites including wheels.ca, goldbook.ca, flyerland.ca and localwork.ca.

ABOUT RBC

Royal Bank of Canada (RY.TO)(RY) is Canada’s largest bank and one of the largest banks in the world, based on market capitalization. We are one of North America’s leading diversified financial services companies, and provide personal and commercial banking, wealth management services, insurance, investor services and capital markets products and services on a global basis. We employ approximately 79,000 full- and part-time employees who serve more than 15 million personal, business, public sector and institutional clients through offices in Canada, the U.S. and 44 other countries. For more information, please visit rbc.com.

RBC supports a broad range of community initiatives through donations, sponsorships and employee volunteer activities. In 2012, we contributed more than $95 million to causes worldwide, including donations and community investments of more than $64 million and $31 million in sponsorships.

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Illegal immigrant granted law license

SAN FRANCISCO — The California Supreme Court granted a law license Thursday to a man who has lived in the U.S. illegally for two decades, a ruling that advocates hope will open the door to millions of immigrants seeking to enter other professions such as medicine, accounting and teaching.

The unanimous decision means Sergio Garcia, who attended law school and passed the state bar exam while working in a grocery store and on farms, can begin practicing law immediately.

It’s the latest in a string of legal and legislative victories for people who are in the country without permission. Other successes include the creation of a path to citizenship for many young people and the granting of drivers licenses in some states.

“This is a bright new day in California history and bodes well for the future,” the Coalition for Humane Immigrant Rights of Los Angeles said in a statement.

The court sided with state officials in the case, which pitted them against the White House over a 1996 federal law that bars people who are in the U.S. illegally from receiving professional licenses from government agencies or with the use of public money, unless state lawmakers vote otherwise.

Bill Hing, a law professor at the University of San Francisco, said the court made clear the only reason it granted Garcia’s request is that California recently approved a law that specifically authorizes the state to give law licenses to immigrants who are here illegally.

The new law, inspired by Garcia’s situation, took effect Wednesday.

It was unclear how many people would qualify to practice law under the ruling and whether it would influence other states. Legislatures and governors in more conservative states such as Alabama and Arizona are likely to be less receptive to the idea.

Garcia, who plans to be a personal injury attorney in his hometown of Chico, said he hoped the decision would serve as a “beacon of hope” to others in the same situation.

He “can hang up a shingle and be his own company,” said Hing, who represented the state bar association in the case. “Once he does that, a client can retain him as a lawyer.”

But some questions remained unresolved, such as whether Garcia can appear in federal court or in other states. Federal law makes it illegal for law firms to hire him.

Chief Justice Tani Cantil-Sakauye, who wrote the opinion, said the new state law removed any barrier to Garcia’s quest for a license. And no other federal statute “purports to preclude a state from granting a license to practice law to an undocumented immigrant,” Cantil-Sakauye wrote.

Garcia, 36, arrived in the U.S. as a teenager to pick almonds with his father, who was a permanent legal resident. His father filed a petition in 1994 seeking an immigration visa for his son. It was accepted in 1995, but because of the backlog of visa applications from people from Mexico, Garcia has never received a visa number.

He applied for citizenship in 1994 and is still working toward that goal.

The U.S. Department of Justice argued that Garcia was barred from receiving his law license because the court’s entire budget comes from the public treasury, a violation of the federal mandate that no public money be used to grant licenses to people who are in the country without permission.

Assistant U.S. Attorney Daniel Tenney, who argued the case, did not immediately return a call seeking comment.

The Obama administration’s position in the case came as a surprise to some, since the White House has shielded from deportation people who were brought to the U.S. illegally as children, provided they also graduated from high school, kept a clean criminal record and met other conditions.

At a hearing in September, a majority of the state Supreme Court justices appeared reluctant to grant Garcia the license under current state and federal law, saying they were prohibited from doing so unless the Legislature acted.

Garcia worked in the fields and at a grocery store before attending community college. He then became a paralegal, went to law school and passed the bar exam on his first try. His effort to get licensed was supported by state bar officials and California’s attorney general, who argued that citizenship is not a requirement to receive a California law license.

Two other similar cases are pending in Florida and New York, and the Obama administration has made it clear it will oppose bar entry to immigrants unless each state passes its own laws allowing the practice, Hing said.

California Attorney General Kamala Harris supported Garcia’s petition and applauded the ruling.

Nick Pacilio, a spokesman for Harris, said California’s success “has hinged on the hard work and self-sufficiency of immigrants like Sergio.”

Thursday’s decision is the latest example of changes in immigration policy happening at the state level while an effort to achieve a broad federal overhaul stalls in the House.

California and nine other states last year agreed to grant drivers licenses to people in the country illegally, bringing the total to 13 states, according to the National Conference of State Legislatures. Nevada and Maryland began taking applications this week.

Four states — Colorado, Minnesota, Oregon and New Jersey — last year offered in-state college tuition to residents who are here illegally, joining California and 10 others.

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Undocumented immigrant lawyer speaks out

(CNN) — Sergio Garcia, a 36-year-old undocumented immigrant in California, has held two lifelong dreams: to become a U.S. citizen and to practice law.

He’s been waiting 19 years for a visa still stuck in a backlog, but the California Supreme Court ensured this week that his second dream will become a reality.

Garcia can be admitted to California’s state bar and legally practice as a lawyer there, the court ruled.

“I’m super excited to finally be able to fulfill one of my dreams,” Garcia told CNN Friday.

Court: Undocumented immigrant can be lawyer

But the case raises many questions, particularly among those who have been critical of Garcia’s efforts to practice law. They question how someone who is in the country without legal status can be licensed to uphold the law as an attorney.

Garcia says that this an easy initial response to make but that looking at the details of his case, it is not so clear-cut. He was brought to the United States as a minor and has been in line for 19 years for a green card. If anyone feels frustrated the the situation, they should address it with the federal government, Garcia said.

It’s the immigration system that’s broken, he said.

Garcia was born in Mexico in 1977 and taken to California by his parents when he was 17 months old, according to court documents.

He remained there until 1986, when he and his parents returned to Mexico. Eight years later, at age 17, Garcia again returned to California with his parents and without documentation, though his father had obtained permanent resident status in the United States.

That year, Garcia’s father filed an immigration visa petition on his son’s behalf, which federal immigration officials accepted in 1995. The visa still has not been granted, even though Garcia has lived in the state since 1994.

California’s Supreme Court ruled Thursday (PDF) that no state law or public policy should stop Garcia or others like him from obtaining a law license in the state.

Asked why he didn’t choose a different career or pursue other opportunities, Garcia said law was his singular focus.

“I wasn’t smart and put all my eggs into one basket,” he said. “This whole idea of being an attorney was the only idea I had going, so 20 years of working on that dream, I couldn’t really afford to give up on it.”

“That, and I’m a little bit stubborn, anyway,” Garcia added.

Now that he has a law license, however, one thing that Garcia will not specialize in is immigration law.

“Oh, no, that’s just too messed up,” he said.

CNN’s Catherine E. Shoichet and Tom Watkins contributed to this report.


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Court grants undocumented immigrant right to practice law

(CNN) — Sergio Garcia’s parents brought him to the United States from Mexico nearly two decades ago. He’s been waiting for a green card ever since.

But there’s one thing the undocumented immigrant no longer has to wait for, according to a California Supreme Court ruling on Thursday: his law license.

Garcia can be admitted to California’s state bar and legally practice as a lawyer there, the court ruled.

The landmark case quickly caught the eye of activists on both sides of the national immigration debate.

Garcia, 36, says his American dream has finally come true.

“With tears in my eyes I’m happy to report I am being admitted to the bar, thank God!” he said in a Facebook post Thursday after the court’s ruling. “This one is for all of you who dare to dream and by doing so change the world! Love you all! History was made today!”

But the case raises many questions, particularly among those who have been critical of Garcia’s efforts to practice law.

“How is Garcia supposed to uphold ‘the laws of the United States’ when he is, by his mere presence in this country, in violation of federal law?” CNN contributor Ruben Navarrette asks in an opinion column he wrote on the case in September. “How does he pledge to show respect for ‘the courts of justice’ when, for most of his life, he has lived here in defiance of the rule of law? And how can he claim that he won’t ‘mislead’ a judge or judicial officer when living in the United States illegally requires deception on a daily basis?”

California’s Supreme Court ruled Thursday that no state law or public policy should stop Garcia or others like him from obtaining a law license in the state.

Immigration officials would be unlikely to pursue sanctions against an undocumented immigrant who had been living in the United States for years, had been educated in this country and whose sole unlawful conduct was his presence in this country, the court said in a unanimous ruling written by Chief Justice Tani Cantil-Sakauye.

“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,” the court ruled.

A lengthy legal battle

Garcia was born in Mexico in 1977 and taken to California by his parents when he was 17 months old, according to court documents.

He remained there until 1986, when he and his parents returned to Mexico. Eight years later, at age 17, Garcia again returned to California with his parents and without documentation, though his father had obtained permanent resident status in the United States.

That year, Garcia’s father filed an immigration visa petition on his son’s behalf, which federal immigration officials accepted in 1995. But, 19 years later, the visa has not been granted, even though Garcia has lived in the state since 1994.

“Because the current backlog of persons of Mexican origin who are seeking immigrant visas is so large, as of the date of this opinion — more than 19 years after Garcia’s visa petition was filed — a visa number still has not become available for Garcia,” the Supreme Court’s ruling said.

The ruling marks the end of a lengthy legal battle for Garcia, who received a law degree from Cal Northern School of Law in 2009.

That year, he passed the California bar exam.

For about two weeks, Garcia was sworn in as an attorney. Then he received a notice from the state bar that his admission was in error.

“It was very, very hard for me to have to tell my family that the celebration we had meant nothing,” Garcia told CNN en Español in September. “It killed me inside to tell them that I really wasn’t a lawyer.”

The matter ended up in the California state court system, and Garcia earned the support of California Attorney General Kamala Harris, who wrote in a 2012 brief: “Admitting Garcia to the bar would be consistent with state and federal policy that encourages immigrants, both documented and undocumented, to contribute to society.”

The state bar argued that Garcia had met all of California’s requirements for a law license.

“With today’s ruling, the California Supreme Court reaffirms the Committee of Bar Examiners’ finding as not a political decision but rather one grounded in the law,” California State Bar President Luis J. Rodriguez said in a written statement Thursday.

Case could set precedent

Critics have argued that giving Garcia a license wouldn’t make sense. How can someone without legal status become licensed as a lawyer, whose job entails upholding the law?

Larry DeSha, former prosecutor for the State Bar of California, said Garcia shouldn’t be given his law license because his immigration status would be in violation of a civil immigration statute and could affect his ability to represent his clients.

“In the immigration debate, we must separate the individual from the idea. The individual — Garcia — looks like a keeper. The idea — that one who has lived most of his life outside the law can practice law — is problematic,” Navarrette wrote in his September column.

The executive director of the Center for Immigration Studies, which favors tighter immigration restrictions, said the case is part of a troubling trend.

“The ruling that an unlawful immigrant can be admitted to the practice of law in California is the kind of thing that will light up talk-show switchboards, and rightly so. But beyond the Bizarro World nature of the decision is a broader issue,” Mark Krikorian wrote in an editorial published on the National Review’s website. “This is only the latest in a series of measures by some jurisdictions to normalize illegal immigration.”

The Obama administration originally opposed Garcia’s admission to the bar, saying that federal law demanded that legislation be enacted granting an undocumented immigrant the right to practice, according to a summary published by lawprofessors.typepad.com.

But the Justice Department backed off in November after California’s governor signed a new law that did just that.

The bill, which passed in October and went into effect this week, allows the bar to admit “an applicant who is not lawfully present in the United States (who) has fulfilled the requirements for admission to practice law.”

That “greased the skids” in making the court’s work easier, said Dan Kowalski, editor of Bender’s Immigration Bulletin and himself an immigration attorney.

“I think it’s a natural, logical decision,” he told CNN in a telephone interview, adding that he expected other states to follow suit.

Víctor Nieblas, an immigration attorney based in Southern California, told CNN in September that the court’s decision could affect hundreds of other young professionals in the United States who are seeking a license.

“He’s the first, but he’s not the only. There are cases going on in New York and Florida,” said Rina Gandhi, a third-year law student at the College of William and Mary in Williamsburg, Virginia.

Gandhi, who heads an immigration law and service organization that invited Garcia to speak at her school last year, said the ruling is a positive step.

“I’m glad to see us moving forward in the right direction,” she said, adding that the case highlights the problems caused by backlogs in the country’s immigration system.

“He does have an immigration application pending,” she said. “It’s more a result of the broken immigration system that we currently have that he’s been waiting 19 years.”

CNN’s Cindy Y. Rodriguez and Jaqueline Hurtado contributed to this report.


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Court grants undocumented immigrant right to practice law
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No green card? No problem — undocumented immigrant can practice law, court says

California's Supreme Court ruled on January 2 that Sergio Garcia, an undocumented immigrant, can practice law in the state.

(CNN) — Sergio Garcia’s parents brought him to the United States from Mexico nearly two decades ago. He’s been waiting for a green card ever since.

But there’s one thing the undocumented immigrant no longer has to wait for, according to a California Supreme Court ruling on Thursday: his law license.

Garcia can be admitted to California’s state bar and legally practice as a lawyer there, the court ruled.

The landmark case quickly caught the eye of activists on both sides of the national immigration debate.

Garcia, 36, says his American dream has finally come true.

“With tears in my eyes I’m happy to report I am being admitted to the bar, thank God!” he said in a Facebook post Thursday after the court’s ruling. “This one is for all of you who dare to dream and by doing so change the world! Love you all! History was made today!”

But the case raises many questions, particularly among those who have been critical of Garcia’s efforts to practice law.

“How is Garcia supposed to uphold ‘the laws of the United States’ when he is, by his mere presence in this country, in violation of federal law?” CNN contributor Ruben Navarrette asks in an opinion column he wrote on the case in September. “How does he pledge to show respect for ‘the courts of justice’ when, for most of his life, he has lived here in defiance of the rule of law? And how can he claim that he won’t ‘mislead’ a judge or judicial officer when living in the United States illegally requires deception on a daily basis?”

California’s Supreme Court ruled Thursday that no state law or public policy should stop Garcia or others like him from obtaining a law license in the state.

Immigration officials would be unlikely to pursue sanctions against an undocumented immigrant who had been living in the United States for years, had been educated in this country and whose sole unlawful conduct was his presence in this country, the court said in a unanimous ruling written by Chief Justice Tani Cantil-Sakauye.

“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,” the court ruled.

A lengthy legal battle

Garcia was born in Mexico in 1977 and taken to California by his parents when he was 17 months old, according to court documents.

He remained there until 1986, when he and his parents returned to Mexico. Eight years later, at age 17, Garcia again returned to California with his parents and without documentation, though his father had obtained permanent resident status in the United States.

That year, Garcia’s father filed an immigration visa petition on his son’s behalf, which federal immigration officials accepted in 1995. But, 19 years later, the visa has not been granted, even though Garcia has lived in the state since 1994.

“Because the current backlog of persons of Mexican origin who are seeking immigrant visas is so large, as of the date of this opinion — more than 19 years after Garcia’s visa petition was filed — a visa number still has not become available for Garcia,” the Supreme Court’s ruling said.

The ruling marks the end of a lengthy legal battle for Garcia, who received a law degree from Cal Northern School of Law in 2009.

That year, he passed the California bar exam.

For about two weeks, Garcia was sworn in as an attorney. Then he received a notice from the state bar that his admission was in error.

“It was very, very hard for me to have to tell my family that the celebration we had meant nothing,” Garcia told CNN en Español in September. “It killed me inside to tell them that I really wasn’t a lawyer.”

The matter ended up in the California state court system, and Garcia earned the support of California Attorney General Kamala Harris, who wrote in a 2012 brief: “Admitting Garcia to the bar would be consistent with state and federal policy that encourages immigrants, both documented and undocumented, to contribute to society.”

The state bar argued that Garcia had met all of California’s requirements for a law license.

“With today’s ruling, the California Supreme Court reaffirms the Committee of Bar Examiners’ finding as not a political decision but rather one grounded in the law,” California State Bar President Luis J. Rodriguez said in a written statement Thursday.

Case could set precedent

Critics have argued that giving Garcia a license wouldn’t make sense. How can someone without legal status become licensed as a lawyer, whose job entails upholding the law?

Larry DeSha, former prosecutor for the State Bar of California, said Garcia shouldn’t be given his law license because his immigration status would be in violation of a civil immigration statute and could affect his ability to represent his clients.

“In the immigration debate, we must separate the individual from the idea. The individual — Garcia — looks like a keeper. The idea — that one who has lived most of his life outside the law can practice law — is problematic,” Navarrette wrote in his September column.

The executive director of the Center for Immigration Studies, which favors tighter immigration restrictions, said the case is part of a troubling trend.

“The ruling that an unlawful immigrant can be admitted to the practice of law in California is the kind of thing that will light up talk-show switchboards, and rightly so. But beyond the Bizarro World nature of the decision is a broader issue,” Mark Krikorian wrote in an editorial published on the National Review’s website. “This is only the latest in a series of measures by some jurisdictions to normalize illegal immigration.”

The Obama administration originally opposed Garcia’s admission to the bar, saying that federal law demanded that legislation be enacted granting an undocumented immigrant the right to practice, according to a summary published by lawprofessors.typepad.com.

But the Justice Department backed off in November after California’s governor signed a new law that did just that.

The bill, which passed in October and went into effect this week, allows the bar to admit “an applicant who is not lawfully present in the United States (who) has fulfilled the requirements for admission to practice law.”

That “greased the skids” in making the court’s work easier, said Dan Kowalski, editor of Bender’s Immigration Bulletin and himself an immigration attorney.

“I think it’s a natural, logical decision,” he told CNN in a telephone interview, adding that he expected other states to follow suit.

Víctor Nieblas, an immigration attorney based in Southern California, told CNN in September that the court’s decision could affect hundreds of other young professionals in the United States who are seeking a license.

“He’s the first, but he’s not the only. There are cases going on in New York and Florida,” said Rina Gandhi, a third-year law student at the College of William and Mary in Williamsburg, Virginia.

Gandhi, who heads an immigration law and service organization that invited Garcia to speak at her school last year, said the ruling is a positive step.

“I’m glad to see us moving forward in the right direction,” she said, adding that the case highlights the problems caused by backlogs in the country’s immigration system.

“He does have an immigration application pending,” she said. “It’s more a result of the broken immigration system that we currently have that he’s been waiting 19 years.”

CNN’s Cindy Y. Rodriguez and Jaqueline Hurtado contributed to this report.


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No green card? No problem — undocumented immigrant can practice law, court says
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California court lets undocumented immigrant practice law

By Dan Levine

(Reuters) – The California Supreme Court ruled on Thursday that an undocumented Mexican immigrant should be licensed to practice law in a closely watched case on immigration rights.

The unanimous ruling in favor of Sergio Garcia came after California legislators passed a bill last year that specifically authorized the high court to allow qualified applicants into the state bar, regardless of their immigration status.

California Chief Justice Tani Cantil-Sakauye wrote that current immigration policy makes it “extremely unlikely” that a law abiding individual such as Garcia would be deported.

“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,” she wrote.

A U.S. Department of Justice spokeswoman declined to comment, and attorneys for Garcia could not immediately be reached. Nicholas Pacilio, a spokesman for California Attorney General Kamala Harris, applauded the decision.

“California’s success has hinged on the hard work and self-sufficiency of immigrants like Sergio,” Pacilio said.

Last year the Democratic-led U.S. Senate approved a path to citizenship for millions of immigrants living in the United States illegally, but the Republican-controlled House of Representatives has not yet taken up the legislation.

Meanwhile, California Governor Jerry Brown signed a series of immigrant rights bills last October. In addition to the legislation paving the way for the state Supreme Court to authorize undocumented immigrants for the bar, other new laws prohibit law enforcement officials from detaining immigrants based on federal government instructions – except in cases of serious crimes or convictions – and make it illegal for employers to retaliate against workers on the basis of their citizenship.

Garcia was an infant when he came to the United States and lived here until the age of 8 or 9 and then returned with his family to his native Mexico. At 17, Garcia reentered the United States with his father, who was then a permanent U.S. resident and later became a citizen.

His father filed a petition seeking an immigrant visa for Garcia in 1995. Garcia is still waiting to receive the visa, which would allow him to seek permanent residency and ultimately citizenship. Garcia earned a law degree from Cal Northern School of Law in Chico, California, north of Sacramento, and passed the state bar exam.

The U.S. Department of Justice had argued in legal filings that even if Garcia obtained a license, he still wouldn’t be allowed to be paid as a lawyer in many circumstances. Yet Cantil-Sakauye wrote that those concerns shouldn’t stop Garcia from becoming an attorney in the first place.

That an individual is in the U.S. without legal authorization does not “demonstrate moral unfitness,” Cantil-Sakauye wrote, “or prevent the individual from taking an oath promising faithfully to discharge the duty to support the Constitution and laws of the United States and California.”

The case in the California Supreme Court is In re Sergio C. Garcia on Admission, S202512.

(Reporting by Dan Levine in Oakland, California; Editing by Chizu Nomiyama, James Dalgleish and Gunna Dickson)

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Immigrant without green card can be a lawyer, California court rules

In an opinion by Chief Justice Tani Cantil-Sakauye, the state’s high court said a law passed late last year by the Legislature enabled the court to admit Sergio C. Garcia, 36, to the legal profession.

The Legislature passed the law after the court indicated in a hearing in September that it was bound by federal restrictions to deny Garcia a license. The federal law says immigrants without permission to be in the U.S. should be denied professional licenses unless state governments took action to override the ban.

 “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,” the chief justice wrote.

The court said Garcia, who has been in the U.S. most of his life, will be able to practice law free of charge or outside the U.S. It is disputed, however, whether he could legally work for himself as an independent contractor and charge fees, the court said.

“We assume that a licensed undocumented immigrant will make all necessary inquiries and take appropriate steps to comply with applicable legal restrictions and will advise potential clients of any possible adverse or limiting effect the attorney’s immigration status may pose,” the court said.

Garcia emigrated from Mexico with his family when he was 17 months old. He returned to Mexico when he was 9 and reentered the U.S. illegally when he was 17.

His father, an agricultural worker who has obtained U.S. citizenship, applied for a green card for his son in 1994. The federal government approved the application in 1995, but Garcia is still waiting for his green card.

He graduated from Durham High School in Butte County and Cal State Chico and earned his law degree from Cal Northern School of Law in Chico. He passed the bar on his first attempt, and state examiners found him morally fit to practice law.

The state bar sent Garcia’s application to the California Supreme Court for routine approval, but the court decided to review the case because of his immigration status.

Garcia has  been waiting four years for his law license. He said in a previous interview that he makes a living as a motivational speaker.

Twitter: @mauradolan

maura.dolan@latimes.com

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