Legal Opinion · Concurrence

Florida Board of Bar Examiners Re Question as to Whether Undocumented Immigrants Are Eligible for Admission to the Florida Bar

Supreme Court of Florida

Decided March 6, 2014No. SC11-2568Published

1ConcurrenceLabarga, J.

I reluctantly concur with the majority decision rendering an otherwise qualified class of applicants ineligible to practice law in Florida simply on the basis of their immigration status, but I do so only because the present state of federal and Florida law compels me to reach such an inequitable conclusion. Specifically, the Florida Legislature has failed to enact any law providing that unauthorized immigrants are eligible for certain public benefits, in this case a license to practice law, as authorized by 8 U.S.C. § 1621(d), and as the California Legislature recently did to clear the only…

2Cases cited9 opinions

  1. Hines v. DavidowitzSupreme Court of the United States · 1941
  2. Arizona v. United StatesSupreme Court of the United States · 2012
  3. Takahashi v. Fish & Game CommissionSupreme Court of the United States · 1948
  4. Florida Board of Bar ExaminersSupreme Court of Florida · 1978
  5. Florida Bar re JahnSupreme Court of Florida · 1990

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