Illegal immigration has definitely been a hot-button issue in politics for some time now. And I'm not here to debate in general the pros and cons of naturalizing people who illegally crossed the border in the hopes of a brighter future. What I do want to do, though, is consider a narrower issue: What should happen to the children of illegal immigrants?
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| Photo by Shavar Ross, from motherjones.com & flickr.com |
I started thinking about this when I read an article about Jose Manuel Godinez-Samperio, an illegal immigrant who is waiting for an advisory opinion from the Florida Supreme Court about whether it is possible for illegals to be admitted to that state's Bar. If you look at his resume - Eagle scout, law school graduate, passed the Bar - he would seem like the perfect candidate to be licensed to practice law.
Except, he's not a citizen. And he doesn't have a visa or a green card.
That's because his parents brought him to the United States from Mexico when he was a child, using a visa that later expired. Nevertheless, the family continued living here. Unbeknownst to him, as he went to school and played and did the things other kids do, he was not legally authorized to be in this country.
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| Photo by Denny Henry for msnbc.com |
And that's the problem we are facing. I understand some of the concerns behind curbing illegal immigration. Many of them are valid points. I am not suggesting that people be rewarded for illegal actions. However, some illegal immigrants are innocent children brought here by their parents through no fault of their own. They are not the illegal actors. Some do not even realize their immigration status for many years.
By that point, most have learned English, attended a school, made friends, become involved in activities, and become a part of their communities. Those are some very important ties to consider severing, especially because, in many cases, they would be sent back to a place that is not "home" to them, a place which they may not even recall being.
Is that fair? Is that in line with the so-called "American Dream" that makes many people risk everything to come here?
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| Photo from en.wikipedia.org |
Which is why the case of Mr.Godinez-Samperio is so compelling. Here's a person who has worked hard, excelled, and acquired all the necessary qualifications to be an attorney in good standing - heck, he probably is more qualified than a lot of people who are already practicing law! - yet, though no fault of his own, he cannot yet pursue his chosen profession or, at this time, a legal residency status. It is what we attorneys refer to as an ideal "test case."
His outcome is unclear, but this is another reason why legislation like the the DREAM Act (Development, Relief and Education for Alien Minors) is important. The Act, which unfortunately has been defeated in the past, would provide children of illegal immigrants a chance to obtain permanent residency if they meet certain qualifications. I think that's only fair when they had no role to play in their illegal status and have already developed lives and meaningful ties to a place that, to them, is their real home.
Discuss.
Our country does not need any more lawyers. This man is battling to practice law in an already hopelessly over-crowded field. Sad. He would not contribute anything to American society by becoming an attorney. He needs to find another calling. Second, he is illegal and needs to do something about that.
ReplyDeleteI agree that he needs to do something about his illegal status .... except he can't, because legislation like the DREAM Act, which allows a path to legal residency, has been defeated - last time, I believe, by a Republican-led filibuster. My problem with this is punishing people for the actions of other people. Would you say that an American citizen should be punished for someone else's actions? That is completely contrary to our justice system. We are supposed to hold accountable the people who do wrong, not innocent people.
ReplyDeleteI also agree that there are many lawyers - sometimes it does seem like too many - and that is coming from a lawyer. My partner is a lawyer too. However, that does not mean it is fair to dictate what someone else's calling should be. The use of the word calling - rather than career choice - is important. Some people decide to become attorneys or whatever else for their own reasons. But some people are called to their professions because they feel deep down a sense that this is what they are meant to do. Who are we to say that someone else should seek another calling? That is patently unfair.
I do disagree with the statement that he would not contribute anything to our society by becoming an attorney. Given the sometimes negative perception of the legal community - and I'm not saying that's totally undeserved - maybe adding more outstanding lawyers would improve the profession's image and contribute to the real purpose of being a lawyer, far more important than money making - to help people. Everyone has the capacity to use their powers for good or evil - and lawyers who use theirs for good do contribute something positive to our society.