DREAM Act

Sergio Garcia (not the racist golfer) has lived in California most of his life. He worked his way through law school and then took and passed the California bar exam on the first try.

Yesterday, the California Supreme Court heard argument on whether Garcia could be admitted to practice law.

Sergio Garcia was brought to the United States when he was 17 months old. The California justices must decide whether an undocumented immigrant can be admitted. The State of California says yes. The Obama Administration says no.

The news coverage of the case implies that California has the equities on its side while the Obama Administration has the law.

It’s a tidy narrative for a story, but the media hasn’t really focused on the briefs, because when you actually unpack the statute the administration cites, it requires tortured mental gymnastics to support rejecting Garcia’s application….

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“But they aren’t all valedictorians, they weren’t all brought by their parents. For everyone who’s a valedictorian there’s another 100 out there that, they weigh 130 pounds and they’ve got calves the size of cantaloupes because they’re hauling 75 pounds of marijuana across the desert. Those people would be legalized with the same act.”

– Representative Steve King (R-Iowa), referring to DREAM Act beneficiaries last week.

Say what you will about Congressman King, he had the cojones to appear on the Univision show “Al Punto con Jorge Ramos” this week, an unusual move for an outspoken opponent of immigration reform.

While King was busy pointing out that kids can be drug mules, the rest of the House of Representatives has been debating proposed legislation called the KIDS Act, a variation on the Senate’s DREAM Act. “DREAM” is an acronym for “Development, Relief, and Education for Alien Minors” (not to be confused with alien miners, which could be the premise for a Ridley Scott movie). The Act and its equivalent in the House would provide eligibility for a six-year-long conditional path to citizenship for qualifying young people whose parents brought them to the United States illegally.

The basic idea enjoys some bipartisan support, even if shakily so. Let’s agree, if only for the sake of argument, that this simple goal is a good one. Nevertheless, the DREAM Act and its progeny don’t work, and they distract lawmakers from the larger, more consequential immigration debate….

double red triangle arrows Continue reading “The Impossible DREAM (Act): Why This Immigration Question Is Just A Distraction”

Julie Kamps: her lawsuit against Fried Frank continues.

* Thanks Senate, but gay servicemembers now get to play another waiting game. How long will the certification process take? Don’t ask, because the administration isn’t going to tell. [New York Times; Wall Street Journal; Washington Post]

* Filibusted: with the DREAM Act’s failure, undocumented college graduates can’t get jobs. As a member of the lost generation, I have no sympathy. [Los Angeles Times; Washington Post]

* This weekend, our oh-so-prominent managing editor will be rockin’ around the Christmas tree with a karaoke mic in hand. Here are some song recs for you, Lat! [National Law Journal]

* What a Masshole. An ex-magistrate forced women to have sex in the courthouse. Karma’s a bitch — better watch your back in the slammer. [Boston Globe]

* 60% 61% of the time, it works every time. Under the leadership of Chief Justice John Roberts, the Supreme Court has shown considerable favor for business interests. [New York Times]

* Remember Julie Kamps? Hell hath no fury like a lesbian with a law degree. There’s nothing like showing the partners who’s boss to get you in the holiday spirit. [New York Law Journal]

* A Japanese woman is suing Google for showing her panties on Street View. Don’t they sell used panties in vending machines in Japan? What a puritan. [CNET]

* Joe Miller goes to the Alaska Supreme Court in another attempt to alter reality. Please stop beating this dead horse, Joe. It’s getting pretty sad. [New York Times]