Cesar Vargas Becomes First Lawyer Under DACA

Book on immigration law next to gavel and file folders
Cesar Vargas has become the first illegal immigrant to be
granted a law license under the rules of DACA.
Image:  Shutterstock
Cesar Vargas, co-director of the Dream Action Coalition, one of the most prominent immigrant rights groups in the US, was finally allowed to practice law on Wednesday when a New York court ruled in his favor.  Though Vargas graduated from the CUNY School of Law and passed the New York Bar exam in 2011, his status as an illegal immigrant (he came to the US from Mexico at age 5) kept the courts from allowing himto actively practice.

Vargas remained an undocumented immigrant but was given deferred action status in 2012 under President Obama’s Deferred Action for Childhood Arrivals order.

The subcommittee of the Committee on Character and Fitness for the Second Judicial Department recommended against activating Vargas’s status back in 2013, despite his “stellar character,” because of the immigration issue.  Now, however, the advocate for immigrant rights will be officially allowed to practice law to help the people served by the Dream Action Coalition.

The New York court said in its decision that it found “no legal impediment or rational basis for withholding the privilege of practicing law in the state of New York from undocumented immigrants who have been granted DACA relief.”

Jose Perez, who represented Vargas in the case, commented that the decision is a major advance for immigrant rights and could affect future cases involving those who are affected by DACA.

Other states are facing similar issues.  In January 2014, the California Supreme Court ruled in favor of a license for Sergio Garcia, who came to the US from Mexico as a teenager.  Several months later, the Florida Supreme Court ruled that immigrants who entered the US illegally can’t be given law licenses.

Vargas hopes to start his own law firm, now that his three-year battle to gain a license has ended.  He also plans to continue advocating for immigrant rights.

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