## Facts

- Sergio C. Garcia, a noncitizen without lawful presence, was brought to California as a child, later returned to Mexico, and reentered the United States in 1994 without inspection.
- Garcia’s father, a lawful permanent resident, filed an immigrant visa petition for Garcia that was accepted in 1995; Garcia’s adjustment to lawful status remained pending for many years due to backlogs.
- Garcia completed high school, college, and law school in California and earned a J.D. in 2009.
- Garcia passed the July 2009 California Bar Examination.
- The Committee of Bar Examiners found Garcia met the moral-character requirement and certified him to the California Supreme Court for admission, while flagging his undocumented status as a potential legal barrier.
- The court issued an order to show cause and sought briefing on whether 8 U.S.C. § 1621 restricted admission.
- After oral argument, California amended Business and Professions Code § 6064 to add subsection (b), expressly authorizing admission of otherwise qualified applicants who are not lawfully present.

## Issues

1. Whether 8 U.S.C. § 1621 prohibits California from granting a law license to an undocumented applicant absent a qualifying state statute.
2. Whether Cal. Bus. & Prof. Code § 6064(b) satisfies 8 U.S.C. § 1621(d) by affirmatively authorizing such licensure.
3. Whether, if § 1621 is satisfied, any remaining state law or public policy basis supports denying admission to an otherwise qualified undocumented applicant.

## Decision

- The California Supreme Court granted the Committee’s motion and ordered Garcia admitted to the State Bar of California.
- The court held that 8 U.S.C. § 1621 did not bar admission because California enacted § 6064(b), a post-1996 law that affirmatively authorizes licensure within the meaning of § 1621(d).
- The court found no other federal statute precluding a state from licensing an undocumented person to practice law where § 1621(d) is satisfied.
- The court concluded there was no independent state-law or public-policy basis to deny admission when the applicant met all other requirements and the Legislature expressly authorized admission.

## Legal Principles

- Under 8 U.S.C. § 1621, an undocumented person is generally ineligible for certain state public benefits, including professional licenses, unless a state law enacted after August 22, 1996 affirmatively provides for eligibility as required by § 1621(d).
- A state’s grant of a professional license, when authorized by qualifying state legislation, does not confer immigration status and does not displace federal immigration enforcement.
- When the applicant satisfies education, examination, and moral-character requirements, and the only asserted impediment is immigration status, admission may not be denied if state law affirmatively authorizes eligibility and no other legal prohibition applies.

## Conclusion

The California Supreme Court held that an undocumented bar applicant who otherwise meets California’s admission requirements may be licensed when California has enacted a post-1996 statute expressly authorizing such licensure consistent with 8 U.S.C. § 1621(d), and it ordered Garcia admitted.


In re Sergio C. Garcia on Admission, 315 P.3d 117 (Cal. 2014)