[Early this
month, the State Supreme Court suggested during a hearing that lawmakers could
create a law to address the case of Sergio Garcia, who was brought to the United States illegally as a child. Mr. Garcia had met every other
requirement to become a licensed lawyer. Within days, legislation was approved
to allow immigrants who were brought here illegally as minors to obtain law
licenses, with just three opposing votes.]
By Jennifer Medina
Max Whittaker for The New York Times
A new state law allows people like Sergio Garcia, brought to the
as a child, to become licensed lawyers.
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With 3.5 million noncitizens who are legal permanent
residents in California , some view the changes as an acknowledgment of who is
living here and the need to require some public service of them. But the new
laws raise profound questions about which rights and responsibilities rightly
belong to citizens over residents.
“What is more basic to our society than being able to judge
your fellow citizens?” asked Jessica A. Levinson, a professor at Loyola Law School , referring to jury service. “We’re absolutely going to the
bedrock of things here and stretching what we used to think of as limits.”
One new state law allows legal permanent residents to
monitor polls during elections, help translate instructions and offer other
assistance to voting citizens. And immigrants who were brought into the country
illegally by their parents will be able to practice law here, something no
other states allow.
In many ways, the new measures underscore the lock
Democrats have over the State Capitol, where they hold an overwhelming majority
in both houses. Gov. Jerry Brown, a Democrat, signed the poll worker
legislation this month and has indicated his approval of the other bills. Many
of the changes, including granting drivers’ licenses to unauthorized
immigrants, passed with overwhelming support and the backing of several
Republicans.
State legislatures across the country approved a host of
new immigrant-friendly measures this year, a striking change from just three
years ago, when many states appeared poised to follow Arizona ’s lead to enact strict laws aimed at curbing illegal
immigration. More than a dozen states now grant illegal immigrants in-state
college tuition, and nine states and the District of Columbia also allow them to obtain drivers’ licenses.
With an estimated 2.5 million illegal immigrants living in
California — more than in any other state in the country — some say the state
has no choice but to find additional ways to integrate immigrants.
“It’s a recognition that how people are living and working
in their community might trump their formal legal status,” said Hiroshi
Motomura, an immigration law professor at the University
of California , Los
Angeles . “There is an
argument that in parts of California a jury without a legal permanent resident is not really a
jury of peers. Some view citizenship as the final consecration of complete integration,
but this says, ‘Let’s take who we have and get them to participate in our civil
institutions.’ ”
Early this month, the State Supreme Court suggested during
a hearing that lawmakers could create a law to address the case of Sergio
Garcia, who was brought to the United States illegally as a child. Mr. Garcia had met every other
requirement to become a licensed lawyer. Within days, legislation was approved
to allow immigrants who were brought here illegally as minors to obtain law
licenses, with just three opposing votes.
But the bill to allow noncitizens to sit on juries has
proved more controversial. Several newspaper editorials have urged Mr. Brown to
veto it.
Rocky Chávez, a Republican assemblyman from northern San Diego
County , said that allowing noncitizens to serve on a jury would
make it harder to uphold American standards of law.
“What we call domestic violence is appropriate in other
countries, so the question becomes, ‘How do we enforce our own social
norms?’ ” Mr. Chávez said. He added that granting more privileges would
weaken immigrants’ desires to become citizens. “Once we erase all these
distinctions, what’s next? What is going to convince someone it is essential to
get citizenship?”
Departing from their role regarding other bills affecting
immigrants, advocacy groups largely stayed out of the debate over the jury duty
bill, which was sponsored by Assemblyman Bob Wieckowski, a Bay Area Democrat
who is chairman of the Judiciary Committee.
“Being a juror really has nothing to do with being a
citizen,” Mr. Wieckowski said. “You don’t release your prejudices or histories
just because you take an oath of citizenship, and you don’t lose the ability to
listen to testimony impartially just because you haven’t taken that oath
either.”
He said that roughly 15 percent of people who received a
jury duty summons never showed up and that the legislation would make it easier
to impanel juries. Mr. Wieckowski said that he expected the governor to sign
the bill and that the changes would quickly become accepted.
“It’s the same thing that happened with gay marriage:
people got past their initial prejudices and realized it was just
discrimination,” he said.
Supporters say that expanding the pool of those eligible to
serve on juries and work the polls would serve citizens as well as immigrants.
Several counties in California are required to print ballots and voting instructions in
languages other than English. In Los Angeles County , ballots are available in Spanish, Mandarin, Arabic,
Armenian, Tagalog and Vietnamese.
But advocates say that the printed instructions are often
insufficient and that many people are turned away from the polls because they
simply cannot communicate. Expanding the pool of potential poll workers to
include legal permanent residents will allow more citizens to vote, they say.
Critics say that the Legislature is going too far and that
the legislation will probably face legal challenges.
“It seems they stay up late dreaming up ways they can
reward illegal immigration and create either new benefits or new protections
for illegal immigrants,” said Ira Mehlman, a spokesman for the Federation for
American Immigration Reform, which backs stricter federal laws. “The overriding
objective of the California Legislature is to further blur the distinction
between citizen and immigrant, legal and not.”
State legislators and advocates had for years sought a law
to allow unauthorized immigrants to obtain drivers’ licenses. Earlier
legislation to create licenses for them had been vetoed by the previous governor,
Arnold Schwarzenegger. Governor Brown signaled during his 2010 election that he
would do the same.
But this year, a Republican co-sponsor signed on to the
bill, and Mr. Brown quietly assured supporters that he would sign it as long as
it included a marking to distinguish such a license from the existing driver’s
license.
Assemblyman Luis A. Alejo, a Democrat and a sponsor of the
bill, traced his involvement back to protests against the 1994 state ballot
initiative that would have strictly limited access to public services for
immigrants here illegally.
“Twenty years ago, that drove activists like me to get
serious about school, and now we’re able to lead these pro-immigrant rights
legislation, which is the total opposite of what was happening then,” Mr. Alejo
said. “What was really controversial then is the reality now.”