Bill Text: CA ACR167 | 2011-2012 | Regular Session | Chaptered

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Bill Title: California State Bar admission.

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Passed) 2012-09-04 - Chaptered by Secretary of State - Res. Chapter 113, Statutes of 2012. [ACR167 Detail]

Download: California-2011-ACR167-Chaptered.html

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BILL NUMBER: ACR 167	CHAPTERED
	BILL TEXT

	RESOLUTION CHAPTER  113
	FILED WITH SECRETARY OF STATE  SEPTEMBER 4, 2012
	ADOPTED IN SENATE  AUGUST 22, 2012
	ADOPTED IN ASSEMBLY  AUGUST 20, 2012
	AMENDED IN ASSEMBLY  AUGUST 14, 2012
	AMENDED IN ASSEMBLY  AUGUST 9, 2012

INTRODUCED BY   Assembly Member Alejo
   (Coauthors: Assembly Members Allen, Atkins, Charles M. Calderon,
Campos, Cedillo, Dickinson, Fong, Fuentes, Roger Hernández, Hueso,
Lara, Mendoza, Monning, V. Manuel Pérez, Wieckowski, Williams, and
Yamada)
   (Coauthors: Senators Correa and Yee)

                        AUGUST 7, 2012

   Relative to State Bar admission.


	LEGISLATIVE COUNSEL'S DIGEST


   ACR 167, Alejo. California State Bar admission.
   This measure would declare that an applicant's immigration status
should not be the determining factor in deciding whether to approve a
license to practice law, would commend Sergio C. Garcia for his hard
work and success, and would also commend the State Bar of California
for its efforts to admit Sergio C. Garcia to the State Bar of
California.




   WHEREAS, Sergio C. Garcia was born in Villa Jimenez, Mexico, in
1977, and was reportedly first brought into the United States by his
parents, without inspection by immigration officials, when he was 17
months old, and, after leaving the United States around the age of
eight or nine, entered the Unites States again when he was 17 years
old; and
   WHEREAS, Sergio C. Garcia's father, who was a lawful permanent
resident at the time, and who has since gained full citizenship
status, filed a petition for an immigrant visa for his son on
November 18, 1994, which was approved in January of 1995; and
   WHEREAS, In the past 17 years, while waiting for his visa to
become available, Sergio C. Garcia, in an undocumented status, went
to college, attended law school, and passed the California Bar
Examination; and
   WHEREAS, The Committee of Bar Examiners of the State Bar of
California, having reviewed Sergio C. Garcia's application, found
that Mr. Garcia met all of the necessary requirements for admission
to the State Bar of California, and, on November 9, 2011, based on
that conclusion, submitted Mr. Garcia's name, on motion to the
California Supreme Court, as an applicant certified for attorney
licensure; and
   WHEREAS, On May 16, 2012, the California Supreme Court issued an
Order to Show Cause to the Committee of Bar Examiners as to why its
pending motion for the admission of Sergio C. Garcia to the State Bar
of California should be granted; and
   WHEREAS, With the passage of the California DREAM Act, which
allows certain youth without proper immigration documentation to
apply for financial aid, California has moved toward a policy of
inclusion rather than exclusion of undocumented immigrants brought
into the United States by their parents as children, regardless of
their authorization to work; and
   WHEREAS, Developing federal executive policy echoes this policy of
inclusion. On June 15, 2012, the Secretary of the Department of
Homeland Security released a memorandum, "Exercising Prosecutorial
Discretion with Respect to Individuals Who Came to the United States
as Children," establishing a policy of deferring removal proceedings
for eligible undocumented students at the discretion of the
Department of Homeland Security and allowing eligible undocumented
students to apply for work permits. The Secretary's memorandum
stresses that the United States immigration laws were not designed to
remove productive young people who have contributed to our country
in significant ways to countries they may not even be familiar with;
now, therefore, be it
   Resolved by the Assembly of the State of California, the Senate
thereof concurring, That the Legislature commends Sergio C. Garcia
for his hard work and success in satisfying all state requirements
for admission to the State Bar of California; and be it further
   Resolved, That the Legislature believes that where the State Bar
determines that an applicant is otherwise eligible for admission, an
applicant's immigration status should not be the determining factor
in deciding whether to approve a State Bar law license in California;
and be it further
   Resolved, That the Legislature commends the State Bar of
California for its thorough review of Sergio C. Garcia's application,
its motion for Sergio C. Garcia's admission to the State Bar of
California, and its excellent and comprehensive review of the law in
the brief filed with the California Supreme Court; and be it further
   Resolved, That the Chief Clerk of the Assembly transmit copies of
this resolution to the Governor, the State Bar of California, and the
author for appropriate distribution.