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Will California Law Allowing Undocumented Immigrant Lawyers Have A Ripple Effect Across Country?

Tue, 15 Oct 2013 11:00:04 -0400

Sergio Garcia, 36, had been waiting for four years to have the opportunity to practice law in California. In 2009, he graduated from Cal Northern School of Law, passed the bar exam and the moral character requirement but was denied a license because of his immigration status.

The undocumented immigrant took his case to the state Supreme Court. But it took a new bill, the AB 1024, signed into law last week by Gov. Jerry Brown, to allow him to walk into a courtroom and practice law. The ordinance now makes California the first state in the nation to allow undocumented immigrants who pass the State Bar exam to practice law.

“It had been four years of an uphill battle, of an immigrant against the federal government of the most powerful country in the world,” Garcia explained.

When he got the call from Assemblywoman Lorena Gonzalez (D), the author of the bill, telling him that his battle was over, Garcia said he let out “happy tears.”

“I got choked up. I allowed myself to relieve the stress and everything I have felt,” he said. “But more than being happy for myself, I am just happy for people in my same situation who are not going to have to suffer in making their dream of becoming an attorney a reality”

Gonzalez said that Garcia was the first person she called after finding out Gov. Brown had signed AB 1024. Garcia, she said, had served as the inspiration for the bill.

“I was super excited,” she said. “This gives (undocumented immigrants) the opportunity to continue to pursue their dreams while we wait for something to happen at the national level.”

“This is also an indication that in California we can sit around and wait for immigration reform or we can start to improve the lives of the people who are here,” Gonzalez added.

New World View

San Diego criminal immigration attorney Narciso Delgado-Cruz, whose clientele is nearly 95 percent Latino, said the greatest impact this new law will have on the profession is the change in perspective. There will be new lawyers with a different “worldview,” he said.

“It’s not only about being able to communicate,” Delgado-Cruz said. “Clients want to be understood, they like it when a lawyer can relate to their struggles, their fears and their dreams.”

On the same token, Garcia, who plans on practicing civil litigation and some immigration law, said the immigrant community is “extremely underserved” and they need lawyers that understand their challenges.

“The ability to be of service to the community and be a vehicle for social change and equality is a great thing that will help not only society but the economy in general,” he said.

Gonzalez also noted it is gratifying to know that the industry will now have “more culturally competent attorneys in all types of law,” not just immigration.

But some argue the law goes too far – particularly because lawyers take an oath to uphold the law and, critics say, are breaking it by being in the country illegally.

“…If you are a lawyer who knowingly is breaking the law,” wrote Tod Robberson, an editorial writer for the Dallas Morning News, ”why should anyone trust you?”

Ripple Effect

Both Gonzalez and Delgado-Cruz said they hope this new law in California has a ripple effect into other states. There are other cases like Garcia’s in several states, including Mexican immigrant Jose Godinez-Samperino, 25, from Florida.

Godinez-Samperino graduated from Florida State University School of Law and has been unable to practice law, but the Florida Board of Bar Examiners has asked the state Supreme Court to decide if they can extend membership to the bar to someone not legally in the country.

“Hopefully other states will see this as not so scary and follow suit,” Gonzalez said. “We can’t change federal immigration law, but we can do our best to help.”

Rafael Castellanos, president of the San Diego Raza Lawyers Association, said that when it comes to Latinos there may not be many that benefit from a ripple effect because, regardless of legal status, Latinos represent a small proportion of individuals going to law school, taking the bar and practicing law.

But to the small amount of people who will benefit from the passage of AB 1024 he said it is “symbolic and about fairness.”

“These immigrants grew up here and worked their butts off and earned something that is extremely difficult to earn for anybody,” Castellanos said. “Then to be deprived of the privileges of their work and the fruits of their labor, we don’t do that to anybody else in this country. We were founded on fairness, equality and justice.”

Delgado-Cruz added that by continuing to talk about immigration issues and individual states being progressive and passing bills, such as AB 1024, a strong message is being sent to the federal government.

"That message is, ‘government, get off your butt and work on immigration reform. Stop trying to avoid the conversation, something has to be done. Our system is outdated and broken."

David Alvarez Seeks To Make History As The First Latino Mayor Of San Diego

Tue, 08 Oct 2013 12:00:35 -0400

The son of Mexican immigrants, David Alvarez, a first-term San Diego Councilman, is shaking things up in the race to replace former Mayor Bob Filner, who resigned Aug. 30 amid a sexual harassment scandal.

Although other mayoral candidates have more political experience, Alvarez’s campaign has gained momentum lately as he secures endorsements from heavy hitters in San Diego, including the San Diego County Democratic Party, the San Diego Democrats for Equality and the San Diego County Labor Council.

If he wins the Nov. 19 special election, Alvarez would become the first Latino mayor in San Diego, a city near the Tijuana, Mexico border that has a Latino population of about 29 percent.

Asked about the possibility of making history, the 33-year-old said he was excited about it.

“I am thrilled to serve as a role model, because like (all Latinos) I am trying to make it,” he said.

But, Alvarez noted, he was not running to make history– but to represent and serve all San Diegans.

“We can make San Diego great again and we can have a city that works for all of us,” he said.

Working-Class Roots

Alvarez was born in San Diego and raised in the Barrio Logan area of the city, a working-class community and home of Chicano Park, a Chicano-themed public park.

Like all immigrants, his parents, who have a third-grade education, came to the U.S. looking for opportunities to be successful. His father worked labor intensive jobs and his mother stayed home to raise the children. When Alvarez and his siblings were older, his mother went to work at various jobs at fast food restaurants.

The young politician attended San Diego public schools and was the first in his family to attend college; he graduated from San Diego State University with a degree in psychology. He became a social worker and also worked as an after-school teacher at a youth center.

But it was through a fellowship in Sacramento, under former Secretary of State Kevin Shelley, that he got his first taste in politics – a job that eventually led him to San Diego City Hall.

Seven years later, Alvarez led a grassroots campaign for City Council against “better” funded candidates and won. He now serves as the San Diego District 8 Councilmember, an area predominately made up of Latino communities.

“Being involved in politics was foreign to me. This is not in my family, but I had always wanted to give back to the community,” he said.

Alvarez and his wife, Xochitl, have a 3-year-old daughter and they are expecting their second child in early 2014.

The Race

While his opponents may have more political experience, Alvarez said his involvement in politics, thus far, has prepared him for the mayoral job.

“I feel very prepared to take on the job. I am a man of faith and have spent time praying over my decision,” he said. “It is the right time.”

Lori Saldaña, a former member of the California State Assembly, said Alvarez was “the best choice” for San Diego mayor because he has demonstrated great commitment to his communities.

“He makes a difference and improves things, he keeps us grounded,” Saldaña said. “He has definitely worked hard for his communities in City Council and he would be a great change.”

San Diego Labor Council Secretary-Treasurer Richard Barrera said his group endorsed Alvarez because, as a member of the City Council, Alvarez has focused on budget and finance issues and has helped the city reduce spiraling retiree health care costs.

“Our members took a hard look at all of the candidates and decided that David is the best choice to move San Diego forward – past distraction and scandal at City Hall – and to get our city refocused on creating good jobs and delivering the vital services residents need," Barrera said.

Another Latino is also vying to become the city’s major. Former City Attorney Mike Aguirre, who is also a Democrat, is polling at about 9 percent, vs. Alvarez’s 17 percent.

Leading in the polls is Democrat Nathan Fletcher, a former California State assemblymen, who has polled at about 27 percent and City Councilman Kevin Faulconer, who has polled at 26 percent. The two frontrunners, though, have heavily courted the Latino vote – with Fletcher receiving key support from prominent Latinos, and Faulconer giving part of his official campaign announcement in Spanish.

Stance on Hispanic Issues

Alvarez is a proponent of immigration reform and has advocated for a secure and more efficient San Diego border crossing.

“I have backed immigration reform for quite some time. I believe we need a pathway to citizenship, especially for DREAMers and for those that serve in the military,” he said.

He also said his one of his priorities will be education.

“As a first generation Latino in the U.S., I know I wouldn’t be where I am today without many programs in the system,” he said. “They are critical.”