OPINION:
NBC News recently published a fawning piece on the first illegal-alien attorney to argue a case in front of the Supreme Court.
Luis Cortes Romero is a recipient of Deferred Action for Childhood Arrivals, the unlawful amnesty program implemented by the Obama administration. According to NBC, Mr. Romero was born in Mexico and brought to the United States as a toddler. He graduated from college and law school in the United States and was later admitted to the California bar. NBC treats Mr. Garcia as a success story. The piece, however, deliberately avoids the problems involved in allowing illegal aliens to practice law.
The United States, as a maritime nation whose economy has always been based on international trade, has had foreign lawyers practicing here since the country’s birth. Foreign companies have legally protected interests under American law, and the founders saw no reason why employees of corporations doing business in the U.S. shouldn’t be able to appear in court on behalf of those entities.
The right to appear in our courts, however, doesn’t come with authorization to live or work in the United States. Foreigners admitted to American bars were, in the past, expected to comply with any immigration laws applicable to them — just as they were expected to comply with all other American laws.
Being generally law-abiding is a key requirement for attorneys in the United States. Bar applicants must undergo a “character and fitness” investigation to determine whether they are principled people who aren’t likely to defraud their clients or otherwise fail to protect their interests. And it’s not uncommon for past transgressions that show a lack of moral character — for instance, a shoplifting offense as a young adult — to cause problems for a prospective bar member.
In addition, as noted above, lawyers in the U.S. are “officers of the court.” In this capacity, an attorney owes duties to the courts that are separate from those owed to clients. Accordingly, lawyers have an obligation to promote the proper administration of justice and uphold the law. But willfully breaking the law is the exact opposite of promoting the orderly administration of the courts and adhering to rules and regulations.
So, how can a guy like Luis Cortes Romero promote justice and uphold the law when his very presence in the United States is an ongoing violation of multiple statutes? The answer to that question is, he can’t. Pursuant to Section 1325 of the Immigration and Nationality Act, improper entry by an alien is a crime. And pursuant to Section 1227(a)(1)(B) of the act, any alien who is present in the United States in violation of law is subject to deportation.
Mr. Romero’s entire life in the U.S. has been an exercise in perpetuating a falsehood to cover up his unlawful entry to and continued illegal residence in this country. While he may have been brought here illegally when he was a small child, Mr. Romero doesn’t appear to have made any attempt as an adult to leave the U.S. and cease violating our laws.
Mr. Romero is still in violation of the Immigration and Nationality Act and still unlawfully present in the United States. DACA is often characterized as “protection from deportation,” which is incorrect. Deferred action is simply a fancy name for the government deciding not to immediately remove a deportable alien. According to U.S. Citizenship and Immigration Services, “deferred action does not confer lawful immigration status upon an individual,” it “does not confer lawful permanent status or a path to citizenship” and it does not “excuse any previous or subsequent periods of unlawful presence.” Therefore, Mr. Romero is an illegal alien whom the government may remove at any time.
Any U.S. citizen law school graduate who had been involved in perpetuating a decades-long violation of the law similar to that perpetrated by Mr. Romero would have likely been denied admission to the bar. If not outright refused a license to practice law, then he or she would — at the very least — have been required to demonstrate a cessation of the illegal activity and furnish some evidence of rehabilitation.
But instead of being subjected to the same standards applicable to U.S. citizens, Mr. Romero is being rewarded for his illegal behavior. That’s happening because the courts, bar authorities and legal professional associations in California have decided that they don’t like American immigration law.
And despite the fact that America’s duly elected national representatives passed the Immigration and Nationality Act and most Americans support immigration enforcement, California officials have unilaterally decided to nullify those laws by granting illegal aliens privileges formerly available only to those lawfully present in the United States — like practicing law and becoming police officers.
Americans who value the rule of law should be vociferously protesting such measures. Putting lawbreakers in charge of policing our streets and administering our justice system is a recipe for disaster. There is no clearer example of putting the foxes in charge of the henhouse.
• Matt O’Brien is director of investigations at the Immigration Reform Law Institute and co-host of the podcast “No Border, No Country.” Immediately prior to working for the institute, he served as an immigration judge. He has nearly 30 years of experience in immigration law and policy, having held numerous positions at the Department of Homeland Security.
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