Illegal immigrant wants New York State to let him practice law
by Erica Pearson, nydailynews.comOctober 22nd 2012 6:01 PM
Cesar Vargas was brought to the U.S. from Mexico illegally as a child, graduated from CUNY, passed the bar this summer and recently applied to live and work here legally under Obama's deferred action program. He has now asked the bar to admit him.
A Staten Islander who came to the U.S. from Mexico illegally as a 5-year-old is asking New York State to let him practice law.
Cesar Vargas, 29, graduated from CUNY School of Law with a 3.7 grade-point average and passed the grueling New York bar exam on his first try.
On Monday, he mailed his application to be admitted to the bar.
"I want my mom to be able to say, 'My son is a real lawyer,' " Vargas said.
The decision is up to a committee at the New York State Supreme Court's Appellate Division in Brooklyn.
Vargas expects his answers to two questions may trip up reviewers: "In what country were you born?" and "What is your immigration status?"
"I put 'Mexico' and 'Without status, but see cover letter,' " he said.
If accepted, Vargas would be the state's — and maybe the country's — first lawyer without legal immigration status. But he may have to argue his case in court first.
Two other immigrant law graduates — a California man brought to the U.S. illegally as a kid and a Florida man who overstayed a visa — are also trying to get licensed. Bar associations in both states have punted the decision to courts.
Jose Perez, associate general counsel at Latino Justice, said his group is prepared to represent Vargas if the committee sends his case to court.
He believes Vargas has a better chance than the other two candidates.
"Each state sets its own requirements in terms of admission to the bar," he said. "Here in New York, the requirements are basically you've graduated from law school, you've taken and passed the bar exam . . . and fit what's called the typical good moral character."
In Vargas' bar application, he included letters of support from Brooklyn District Attorney Charles Hynes — for whom he worked as an intern — and U.S. Sen. Richard Durbin (D-Ill.).
Timing may also be in Vargas' favor. Two weeks ago, he applied for a deportation reprieve and work permit under a program of President Obama's.
Critics believe allowing Vargas and other young, undocumented immigrants to practice law rewards their parents' illegal behavior.
But many in the legal community support their bid. In the Florida case, three former American Bar Association presidents filed a friend-of-the-court brief.
Vargas, who graduated from Brooklyn's James Madison High School and St. Francis College, has become a poster boy of sorts for the stalled federal DREAM Act, which would provide a path to citizenship for young people.
He once dreamed of becoming a military lawyer or a prosecutor.
Now, he's thinking of starting his own firm. He wants to join up with other undocumented law graduates.
"We're calling it the DREAM Bar Association," he said.
Original Page: http://www.nydailynews.com/new-york/illegal-immigrant-new-york-state-practice-law-article-1.1189647
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