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States Act to Integrate Undocumented Immigrants into Society, Make Them Eligible for More Licenses

Sergio_C._Garcia

Sergio Garcia, Lawyer

Liz Robbins of the New York Times reports that, earlier this week, a rule passed by the New York State Board of Regents in February went into effect, allowing Deferred Action for Childhood Arrival (DACA) recipients to apply for professional teaching certificates and for licenses in 57 professions. Soon, nurses, social workers, architects and engineers who came from places as disparate as Dubai, South Korea and Ecuador will enter the city’s work force, newly licensed. Medical students now have a way to fulfill their ambitions.  The state’s rule change comes after a 2015 decision that allowed the licensing as a lawyer of Cesar Vargas. A New York court last year ruled that Vargas, a DACA recipient, should be allowed to practice law.

Other states are expanding licensing eligibility beyond DACA recipients.  The expansion of license availability has allowed for the greater immigration of undocumented immigrants into American society.  And it is a much better use of state resources than the state immigration enforcement laws, such as Arizona’s S.B. 1070 that was struck down in large part by the Supreme Court in Arizona v. United States

California and a number of other states have extended eligibility for driver’s licenses to undocumented immigrants.   In January 20145, the California Supreme Court, after the California state legislature expressly authorized it, held that an undocumented immigrant, Sergio Garcia, could be licensed to practice law in the state.  Later in 2014, as Think Progress summarizes, undocumented immigrants in California are eligible to practice the occupation that they trained in, because of  legislation Gov. Jerry Brown (D) signed into law. The legislation requires the 40 licensing boards under the California Department of Consumer Affairs to accept professional license applicants regardless of immigration status by 2016. The move expanded on legislation that Brown signed last year to issue law licenses to qualified undocumented immigrants.

KJ

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