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  Cesar Vargas, Who Moved to U.S. From Mexico at Age 5, Is Rejected by Committee Because of Immigration Status

by JOE PALAZZOLO

Originally published in the Wall Street Journal

Nov. 11, 2013 6:29 p.m. ET

New York's top court could soon consider whether an illegal immigrant can practice law in the state.

Courts in California and Florida are already weighing the issue, more than a year after the Obama administration launched a program allowing immigrants illegally brought to the U.S. as children to stay here and work.

Cesar Vargas, who moved to the U.S. from Mexico at age 5, applied to practice law in New York roughly a year ago.

The committee that evaluates would-be lawyers recently recommended against granting him a law license. Mr. Vargas—who now earns his living by running an advocacy group on immigration issues—is well qualified and would have received a recommendation for admission to the state bar, but for his immigration status, the committee said.

"We applaud Cesar Adrian Vargas' devotion to the country he's lived in for most of his life, and we applaud his dedication toward being granted the status to fully participate in all facets of life in the United States," the Committee on Character and Fitness said in the Aug. 19 report.

"However, we believe that some matters, such as immigration status, are better left to the decisions of courts or to acts of the legislature," it added.

Mr. Vargas, 30 years old, said the decision was bittersweet: "If it wasn't for the immigration issue, they would have no hesitation recommending me."

Mr. Vargas received the committee's report roughly a month ago and shared it with The Wall Street Journal on Monday. His case is believed to be first of its kind in New York.

The committee's recommendation was sent to the New York Supreme Court, Appellate Division, which is likely to kick the issue to the state's highest court for resolution, said Richard La Rosa, a Staten Island attorney and member of the committee.

Mr. La Rosa declined to comment on the contents of report, citing confidentiality.

Mr. Vargas graduated from City University of New York Law School with a 3.7 grade-point average and passed the bar exam in 2011. In February, he was granted access to the Obama administration deferred action, or DACA, program, and now has a driver's license, a Social Security card and a work authorization from the Department of Homeland Security.

The Justice Department has weighed in on the issue. It argued against granting undocumented immigrants law licenses in California and Florida, citing a federal law that prohibits states from providing public benefits to people living in the U.S. illegally, unless states pass laws to contrary. The department has also argued that a work authorization through the DACA program doesn't entitle an illegal immigrant to a professional license.