Court says no to undocumented Florida lawyers.

Saying it was bound by the supremacy of federal law, the Florida Supreme Court declared March 6 that unauthorized immigrants are ineligible for admission to The Florida Bar. Now Jose Manual Godinez-Samperio --who graduated at the top of his class at Florida State University and passed the Florida bar exam three years ago--pins his hopes with the Florida Legislature on becoming a lawyer.

"It would not surprise you to know I have already started talking to legislators and lobbyists to see if we can get some movement toward getting a law enacted this session," said Sandy D'Alemberte, a former FSU law school dean who taught Godinez-Samperio in law school and represents him pro bono.

Because the deadline has passed to file new bills, D'Alemberte said he would try to piggyback on another bill, that would create a Florida law opting out of 8 U.S.C. [section][section]1961 (a) and (c) (2012)-as the California Legislature did recently to clear the only impediment to Sergio Garcia's admission to the State Bar of California.

That federal law prohibits public benefits to an "unlawfully present alien," and those benefits include "any ... professional license, or commercial license" that is provided "by appropriated funds of a state." The U.S. Department of Justice argued that federal statute prohibited the Florida Supreme Court from issuing a law license to an "unlawfully present alien."

"A state license to practice law is a professional license," a unanimous Florida Supreme Court said in Case No. SC11-2568.

"As this court is funded through appropriations, the issuance of a license to practice law therefore falls within the prohibition set out in the federal statute. Simply stated, current federal law prohibits this court from issuing a license to practice law to an unlawful or unauthorized immigrant."

D'Alemberte unsuccessfully argued that the Florida Legislature doesn't have authority to adopt a law governing bar admission, because that authority rests with the Florida Supreme Court, under Art. V, [section]15.

When Godinez-Samperio was 9 years old, he traveled with his parents from Mexico to the United States on a tourist visa. When the visa expired, his parents stayed, and so did Jose. He graduated from New College in Sarasota, and with honors from FSU College of Law.

The 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...