Florida Supreme Court Says Tampa Immigrant Can't Get Law License

Tampa Bay Times ^ | March 6, 2014 | Steve Bousquet

[Iron Munro]

TALLAHASSEE — In a long-anticipated decision, the Florida Supreme Court ruled unanimously Thursday that Tampa immigrant Jose Godinez-Samperio cannot practice law because he's not a citizen, and called on the Legislature to correct what it called an "injustice."

"The Florida Legislature is in the unique position to act on this integral policy question and remedy the inequities that the unfortunate decision of this Court will bring to bear," justices wrote.

Godinez-Samperio's effort to gain admission to the Florida Bar and become a Tampa Bay immigration lawyer was before the state's highest court for more than two years and drew the interest, and opposition, of the Obama White House.

"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," Godinez-Samperio said. "And actually, I'm feeling outraged at the president as well. It's time for Congress to act, it's time for Obama to act and it's time for the Legislature to act."

Godinez-Samperio, 26, is in the United States legally, albeit temporarily. He's known as a "dreamer" under President Barack Obama's 2012 policy directive known as DACA or Deferred Action for Childhood Arrivals, a status that has enabled him to get a Social Security number, work permit and Florida driver's license. But he's not a citizen.

He came to America from Mexico at age 9 with his parents, who overstayed tourist visas. He learned English, became an Eagle Scout, was valedictorian at Armwood High in Tampa and went to New College. He graduated with honors from Florida State University's law school in 2011 before passing the bar exam and its moral character test.

But none of that was enough, the state Supreme Court said.

The reason is a 1996 federal law that denies specific "state public benefits" paid for by taxpayers, such as a license to practice law granted by a state court, to undocumented immigrants unless a state declares an exception.

U.S. Attorney General Eric Holder cited that federal law in arguing that Godinez-Samperio should not be allowed to practice law in Florida.

In a case with similar circumstances, the California Legislature changed its laws to allow Sergio Garcia to practice law in that state.

Godinez-Samperio's attorney, Talbot "Sandy" D'Alemberte, a former FSU president and American Bar Association president, called Holder's reasoning "preposterous" and said: "(He) totally flubbed this."

D'Alemberte began lobbying Florida legislative leaders on Thursday to take up the cause. He's seeking help from House Speaker Will Weatherford, R-Wesley Chapel, who is championing in-state tuition for children of undocumented immigrants, arguing that noncitizens who were brought to the United States by their parents should no longer be punished.

"We're reviewing the decision," Weatherford spokesman Ryan Duffy said.

D'Alemberte said the state licenses doctors, nurses, yacht brokers and other professionals who are not U.S. citizens, and his client should be treated the same way.

"If anybody cares about fairness, the idea of keeping Jose from the credentials that he's earned would be, to me, such an injustice," D'Alemberte said.

D'Alemberte said Godinez-Samperio has not applied for U.S. citizenship because of a legal requirement that he leave the country for 10 years before applying.

Associate Justice Jorge Labarga wrote an emotional opinion that concurred with his colleagues but cited "the injustice of this decision" and noted Godinez-Samperio's background.

"He is the type of exemplary individual the Florida Bar should strive to add to its membership," Labarga wrote. "However, applicant is an unauthorized immigrant ineligible to receive public benefits under federal law because, as he explained in his law school application essay, he did not resist his parents when they chose to escape their impoverished conditions in Mexico."

Labarga, who in July will become the first Cuban-American chief justice in Florida history, likened his own upbringing to Godinez-Samperio's with one major difference: Labarga's family fled Cuba, and after he graduated from the University of Florida, he became a member of the Florida Bar.

"My parents and I were perceived as defectors from a tyrannical Communist regime. Thus, we were received with open arms, our arrival celebrated, and my path to citizenship unimpeded by public policy decisions," Labarga wrote.

Godinez-Samperio, who has strong Tampa ties, said he has no desire to practice law in a state that would accept him. For now, he said, he'll continue working as a paralegal at Gulf Coast Legal Services, pursuing his dream of helping other immigrants.

"If I would be able to practice law, I would be able to help so many immigrants navigate the legal system," he said. "I would be able to help so many people in general who just need assistance who are low income. It would have made a huge difference."

[Iron Munro]

Finally - a sensible ruling from the courts.

But the liberals are already passing out the crying towels.

[ObozoMustGo2012]

Cue Eric Holder and DO intervention in 5...4...3...

[liberalh8ter]

This man has been the beneficiary of much generosity while being here illegally. He has had opportunity he never would have had in Mexico but has now demonstrated the truth of the old adage, ‘give a finger, they'll take an arm’. This attitude is repeated throughout America and has even been demonstrated by Mexico's President with his ‘incensed at deportations’ comments. It's time to repeat history and revisit operation wetback.

[Tulane]

Wow! What a pleasant surprise!

[liberalh8ter]

One more thought....how can one ‘practice’ law when he doesn't recognize it?

[Rannug]

He may well be a good man, but he is not a citizen of the United States. Why would a potential attorney want to break a law? How much aid did he receive from us while a student (illegal) (wb)?

[Liz]

Mexican-born Godinez-Samperio, said "If I would be able to practice law, I would be able to help so many immigrants navigate the legal system," he said. "I would be able to help so many people in general who just need assistance who are low income. It would have made a huge difference."

Godinez-Samper's patented "Victim Act" could be part and parcel of The Planned Conquest---he could be planning sub rosa nefarious political activities---to organize Third World aliens on our shores into pressure groups, voting blocs, and para-military groups----all of them conniving to (1) undermine US ntl security, (2) takeover the SW, and, (3) rape the US Treasury.

===================================================

TAXPAYERS DEMAND AN IMMEDIATE THOROUGH INVESTIGATION. US citizens demand answers WRT nefarious plans to destabilize the US government.

<><> Who is Godinez-Samper?

<><> Did he ever engage in voter fraud?

<><> did he register to vote under several identities?

<><> did he ever vote under several identities?

<><> Did he coach illegals to vote using multiple identities?

<><> How many identities does Godinez-Samper have?

<><> How many identities did Godinez-Samper ever use?

<><> Does he have a rap sheet here? In Mexico? Elsewhere?

<><> Does he now or did he ever receive welfare, food stamps, SSI, free medical care, Section 8 housing, UI, Workmen's comp under several identities?

<><> Did he ever apply for, and receive, monthly SS checks, claiming "asylum?"

<><> Does he have a sub-prime mortgage obtained w/ the help of The Hispanic Caucus on Capitol Hill?

<><> Did he ever make false claims on IRS forms in order to get EITC refunds?

<><> Does Godinez-Samper have a legal driver's license?

<><> Does he have a valid passport?

<><> How many times did Godinez-Samper wire-transfer money back to Mexico? The Third World?

<><> Is he colluding w/ the Third World?

<><> How often does he travel to Mexico? The Third World?

<><> Is he registered to vote under several identities?

<><> Does he belong to radical America-hating organizations planning armed conflict to takeover the American SW?

<><> Did he ever get in-state tuition--free school lunches--welfare--- food stamps-free healthcare---SSI/ADD checks.

<><> Is he facilitating the draining of the US economy---wiring back to secret Mexican bank accounts?

<><> Does his offshore stash include SS checks for multiple identities?

=================================================

DID Godinez-Samper or his opportunistic family OBTAIN FRAUDULENT sub-prime MORTGAGES MORTGAGES THAT DEVSTATED the US ECONOMY? THAT US TAXPAYERS WERE FORCED TO BAILOUT?

=========================================

Is he cashing multiple govt checks under several identities:

UI, SSI, Workmen's Comp,

TANF (temporary assistance to needy families),

WICS (food assistance),

subsidized Section 8 shelter,

ObamaPhone subsidies,

Utility Assistance subsidies,

School breakfasts/lunches/snacks subsidies,

$5000 a year EITC checks per identity,

monthly "asylum" checks from SS.

[yldstrk]

why on earth license someone who won’t follow the law as a lawyer?

[VRWC For Truth]

No way Jose. Back of the line a-hat.

[Boogieman]

I don’t think it’s that sensible, if the justices are telling the state that they SHOULD pass the exemption to allow an illegal immigrant to practice immigration law. It’s akin to saying that they should allow a criminal fugitive to practice criminal law. At the minimum, he is disqualified from the Bar on ethical grounds.

Yes, I know he’s a “dreamer”, but he’s still, under the laws of the United States, a criminal. Obama has just chosen not to enforce those laws.

[Boogieman]

“Why would a potential attorney want to break a law?”

He’s still breaking the law, Obama is just giving him a pass.

[yefragetuwrabrumuy]

Wait. He is *not* a citizen of the United States. He *is* the citizen of another country. That he is called an “immigrant” is meaningless.

People bitterly complained about judges wanting to use international laws in US courts, and even Sharia law instead of US law. But allowing *foreign* lawyers to practice law in the US is an abomination just as bad.

Attorneys are “officers of the court”, and subject to its rules of behavior even years after the fact, if it is determined that they broke the rules.

So how would you feel if you were being sued by someone with an attorney who is a Saudi Arabian citizen, who as soon as the case is over he goes home? After he leaves, it may turn out that he committed egregious misbehavior in court, but he doesn’t care, because he is long gone.

How about if the foreign lawyer represents the International Criminal Court, and he wants to use the discovery process in an unrelated lawsuit to force a confession from you for breaking some international, not US law? Do you think for a second that the ICC would hesitate to prosecute a lot of US military commanders if their lawyers could practice in the US?

[Bloody Sam Roberts]

Cue Eric Holder and DO intervention in 5...4...3...

If that happens...and he gets away with an unconstitutional, treasonous, unlawful and just plain wrong intervention...the Constitution is truly dead.

[RonF]

This may not be a popular viewpoint here, but - I do think it’s reasonable to treat the case of someone who was brought here at the age of 9 by his parents differently than the case of someone who came here as an adult illegally. I’m certainly glad to see that the Florida Supreme Court understands that their role is to follow the law, not write new law.

My view on this kind of thing would be that if a child is brought here by their parents they - but not their parents - would have some kind of defined path to citizenship that would include steps to ensure that the child has successfully integrated into and adopted American culture (which would disqualify having graduated from college being considered a positive step in any such law). Military service (yes, it’s perfectly legal for a non-citizen to join the U.S. Military), facility in English (both conversational and written), a work history, lack of criminal history, etc.

I strongly oppose ANY path to citizenship by anyone who came here illegally at the age 18 and over, regardless of any of the above criteria (except possibly military service).

[rolling_stone]

sorry I disagree the parents are responsible for their children until 18 or emancipated, he should go back to his proper country and the fault lies with his parents not the US.

To have such exceptions is a magnet to break the law and a loophole...you take your kid along for a bank robbery or other crime -if a knowing participant who knows right from wrong are they given a break? bleeding hearts have unintended (or intended) consequences.

I’m tired of people wanting to give breaks and amnesty to lawbreakers, it would be more equitable and fair to give visas to 10 million people waiting to immigrate legally to the US than to give amnesty to those that already broke laws to be here. That kind of magnet would encourage to follow the laws not break them.

[Georgia Girl 2]

Well thank goodness.

[William Tell]

From the article: "Godinez-Samperio, 26, is in the United States legally, albeit temporarily."

He's not here legally. What would liberals do if they couldn't lie? Explode? Perhaps we'll never know?

[Iron Munro]

My view on this kind of thing would be that if a child is brought here by their parents they - but not their parents - would have some kind of defined path to citizenship that would include steps to ensure that the child has successfully integrated into and adopted American culture

Don't you think that would lure more illegals who want to see their child (or children) gain legal status in the US?

It would be sort of like post-partum anchor babies, wouldn't it?

Just like with anchor babies, the parents would know that if they could just get their offspring into the US, no matter what happened to them, the children would have that "path to citizenship".