Should Illegal Immigrants Be Allowed To Practice Law?

What's the story?

The American Bar Association’s House of Delegates passed a resolution on Monday demanding that Congress allow undocumented immigrants to practice law.

Why does it matter?

The ABA resolution reads, "That the American Bar Association supports the principle that bar admission should not be denied based solely on immigration status."

The ABA then urges Congress to amend the U.S. Code known as 8 U.S.C. 5 § 1621(d) to include this text:

"A state court vested with exclusive authority to regulate admission to the bar may, by rule, order, or other affirmative act, permit an undocumented alien seeking legal status to obtain a professional license to practice law in that jurisdiction."

As Law Newz explains, this change "wouldn’t require state courts to license undocumented lawyers, but it would make it clear that the federal government won’t get in the way."

The resolution was sponsored by Thomas Kim, whose parents brought him to the U.S. from South Korea on a tourist visa then never returned. Kim has said it’s unclear if he’ll be able to practice law when he graduates in 2018, but he remained hopeful after the ABA vote on Monday.

"As an undocumented law student, I am encouraged and thankful by the ABA’s passing of [the resolution]," Kim said. “This means undocumented law students all over the country will be able to become licensed attorneys, substantively contributing to their communities.”

Some states – including California and New York – already allow illegal immigrants to practice law, resulting in the National Review declaring "illegal immigrants can now defend the laws they break." Given the Republican control of Congress, and President Trump’s policies against undocumented immigrants, it’s unlikely the resolution will be adopted under the current administration.

Attorney Cesar Vargas explained to RT.com that the resolution isn’t binding, but rather "provides guidance to courts and legislatures who are grappling with this [issue], and overall Congress itself, to say the legal profession approves of this."

Vargas, a Mexican-born participant in the Deferred Action for Childhood Arrivals (DACA) program, went through a four-year battle to open up the legal profession to "undocumented immigrants."

Vargas says that even when illegal immigrants are allowed to earn a Juris Doctor degree, the job prospects "depend on the state agency."

"I could work for the Mayor’s office," he told RT. “I could work for a city council member but I couldn’t work for the District Attorney because you have to be a citizen. Even without DACA you could set up your own law firm.”

Speaking of the recently passed resolution, Vargas said, "People like myself, I spent a decade being undocumented but during that time I went to college, went to law school, people started business, become licensed professionals, and if anything this reaffirms our commitment towards a permanent legislative solution."

What do you think?

Should illegal immigrants be allowed to practice law? Hit the Take Action button and tell your reps how they should vote on the resolution.

—Josh Herman

(Photo Credit: Possawatvia iStockphoto)