Florida Board of Bar Examiners Re Question as to Whether Undocumented Immigrants Are Eligible for Admission to the Florida Bar
134 So. 3d 432
Fla.2014Background
- Board seeks advisory opinion on whether undocumented immigrants are eligible for admission to The Florida Bar.
- Board historically requires citizenship/immigration status proof; U.S. citizens must show birth certificate or naturalization; non-citizens provide immigration document.
- Applicant is an unauthorized immigrant who graduated from ABA-accredited law school and passed the Florida Bar Exam.
- State and federal law arguments focus on federal immigration power and 8 U.S.C. § 1621, including § 1621(d) permitting state action to provide benefits to unauthorized immigrants.
- California’s In re Garcia and Garda decisions and DACA discussions are cited to evaluate whether state law can override federal barriers.
- Court holds unauthorized immigrants are ineligible for admission to The Florida Bar; Florida Legislature could enact contrary state law to change this policy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are unauthorized immigrants eligible for Florida Bar admission? | Applicant argues eligibility should be allowed under state law. | Board/State argues federal §1621 bars eligibility for professional licenses for unlawfully present aliens. | Unauthorized immigrants are ineligible. |
| Does 8 U.S.C. § 1621(d) authorize Florida to provide a license to unauthorized immigrants? | State law could override federal bar via §1621(d). | No Florida law enacted after 1996 expressly provides eligibility for unauthorized immigrants. | |
| 0 | No current Florida law meets §1621(d) requirements to authorize a license. | ||
| Do executive policies (DACA, Morton memo) permit admission despite federal law? | DACA and administrative guidance may yield lawful presence for admission. | DACA is discretionary, nonbinding, not law, and cannot override federal statute. | Executive policies do not provide authority to admit unauthorized immigrants. |
| Should California decisions on unauthorized immigration licenses influence Florida Bar admission? | California permits Garcia/Garda admissions via post-1996 state law. | California decisions do not bind Florida and Florida may have different constitutional constraints. | Does not alter Florida rule; Florida Legislature could act similarly. |
| Is there any need to examine applicant’s moral character given immigration status? | Applicant is otherwise qualified; status should not bar admission. | Federal law and state rules govern eligibility; status is dispositive of licensure barrier. | Bar rules require evidence of good moral character; status created a federal barrier, not moral deficiency. |
Key Cases Cited
- In re Garcia, 165 Cal.Rptr.3d 855, 315 P.3d 117 (Cal. 2014) (admits unauthorized immigrant to California Bar; analyzes § 1621(d) applicability)
- In re Garda, 165 Cal.Rptr.3d 855, 315 P.3d 132 (Cal. 2014) (discusses employment status and bar admission for undocumented immigrant)
- Arizona v. United States, 132 S. Ct. 2492 (2012) (federal power over immigration preempts conflicting state law)
- Takahashi v. Fish Comm'n, 334 U.S. 410 (1948) (federal power to regulate naturalization and immigration matters)
- Hines v. Davidowitz, 312 U.S. 52 (1941) (federal supremacy over immigration matters)