Florida Supreme Court considers: Can immigrant illegally in U.S. practice law?

by
October 3, 2012

BY STEVE BOUSQUET,  HERALD/TIMES TALLAHASSEE BUREAU

TALLAHASSEE – In a unique case followed closely by immigration experts, the Florida Supreme Court will consider whether an undocumented immigrant can practice law in Florida.

Jose Godinez-Samperio, 26, of Tampa, is the undocumented child of immigrants and a “dreamer,” in the jargon of the DREAM Act. His story puts a vivid human face on the ambiguity of U.S. immigration policy.

He is ready to be a lawyer except for one thing: He’s not a U.S. citizen.

He has a law degree but no Social Security number.

He has volunteered as a legal services aide, helping victims of domestic violence. But he has no work permit.

In the hallowed Supreme Court chambers Tuesday, the aspiring attorney was a front-row observer. At the end of an hour of pitched legal argument, it was clear that his case won’t be resolved before next month’s election, when America’s immigration policy could change again.

Godinez-Samperio is trying to start his legal career based in part on a June order by President Barack Obama, who allowed certain undocumented immigrants under age 30 to stay in the U.S. without fear of deportation.

Born in Mexico, he came to America with his parents when he was 9. Seventeen years later, his story took center stage before Florida’s highest court, the first case of its kind in the state.

“It was a sense of history,” Godinez-Samperio said outside court afterward. “I think this is very similar to when the first African-Americans, or the first women, were admitted to practice law.”

An Eagle Scout who speaks fluent English, Godinez-Samperio was first in his class at Armwood High School in Tampa, graduated from New College in Sarasota and Florida State University law school, where a favorite teacher and mentor was Talbot “Sandy” D’Alemberte, a former FSU president and American Bar Association president who’s now Godinez-Samperio’s attorney.

“He’s done everything he’s supposed to do. He’s complied with all the rules,” D’Alemberte said. “What else would you want in a lawyer?”

The Florida Board of Bar Examiners, a 15-member panel that checks the character and fitness of would-be lawyers, initially granted Godinez-Samperio a waiver of a requirement to prove his citizenship status after he disclosed he was not a citizen.

 

1 Comment - what are your thoughts?

  • Rattlerjake says:

    Everyone in this country has rights except for true Americans. Why is this situation even a question. He is committing a FEDERAL crime just by being in this country, much like his mentor Obutforbrains! This country became a sovereign nation a long time ago and established immigration policy, and long past is the free immigration across our borders. It’s about time for this government of pansies to enforce the laws and protect AMERICANS!

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