Are undocumented immigrants eligible for Bar admission?

When Jose Manuel Godinez-Samperio was 9 years old, he traveled with his parents from Pachuca, Mexico, to the United States on a tourist visa. When the visa expired, his parents stayed, and so did Jose.

Jose learned to speak English, excelled in school, became an Eagle Scout, and earned the distinction of valedictorian of Armwood High School in Seffner, east of Tampa.

The National Honor Society scholar won scholarships to New College of Florida in Sarasota. Candid about his undocumented status when he successfully applied to Florida State University College of Law, he graduated with honors and took classes taught by Sandy D'Alemberte, a former ABA president, FSU president, and FSU law school dean.

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Now, D'Alemberte and his partner, Patsy Palmer, are representing Godinez-Samperio pro bono in a case of first impression.

The Florida Board of Bar Examiners waived its 2008 policy to show proof of citizenship or immigration status and allowed Godinez-Samperio to sit for the bar exam--and he passed on the first try in 2011. The bar examiners also certified he passed the character and fitness investigation.

Here's the holdup. The board asked the Florida Supreme Court this advisory question: "Are undocumented immigrants eligible for admission to The Florida Bar?"

That question asked in a petition filed with the court on December 13, 2011, (in Case No. SC 11-2568) has become a contentious swirl of legalities and politics and remains unanswered to this day, while 27-year-old Godinez-Samperio waits to become a full-fledged Florida lawyer.

Three former ABA presidents--Martha Barnett, Steve Zack, and the late Wm. Reece Smith, Jr.--joined in a chorus of support for Godinez-Samperio, filing an amicus brief: "The U.S. Constitution requires Florida to educate undocumented students through 12th grade. But few of them, no matter how promising they may be, can go on to college, because they are ineligible for federal loans, Florida Bright Futures scholarships, and federal financial aid. Therefore, only a handful of undocumented students attend college and then earn law degrees. Those who graduate from law school have overcome substantial barriers --language barriers, cultural differences, inadequate finances. Imposing a blanket ban on their admission to the Bar would be a waste of exceptional talent for our profession."

The U.S. Department of Justice filed its own amicus brief trying to block Godinez-Samperio's admission to the Bar, arguing 8 U.S.C. [section] 1621 prohibits the court from issuing a law license to an "unlawfully present alien" because federal law limits categories of aliens who may receive a professional license that is "provided ... by appropriated funds of a state."

That federal law had Justice Charles Canady raising his voice at the...