Last year, the Utah Supreme Court made a ruling that could possibly allow illegal immigrants to qualify for DREAM Act protection and subsequently join the state bar.
The Court proposed a rule on December 9, 2019, that would have this policy go into effect.
Back in October, two women — one who graduated from the University of Utah’s law school, the other from Brigham Young University’s law school — petitioned the court to change a rule in the Utah State Bar to let illegals take the bar exam and practice law in the state. Both women, identified as Jane Doe and Mary Doe, came to the United States as children and were granted Deferred Action for Childhood Arrivals (DACA) status. Both were admitted to the bar in California.
In their petition to the Utah Supreme Court, the women’s lawyers contended that they “lacked the intent to violate the immigration laws, have become productive members of our society and attended United States schools, colleges and law schools. … Like many such individuals, both petitioners are otherwise eligible for admission to the Utah Bar.”
The petition asserted “undocumented status does not conflict with an individual’s ability to take and uphold Utah’s oath of honesty, fidelity, professionalism and civility or promise to uphold the Utah and United States Constitutions.”
The Utah Supreme Court issued a statement on December 9, 2019 that it is “beyond dispute” that the court “possesses the constitutional authority to govern the practice of law” in the state. Then, it said it will “move forward on the petition for a rule change;” and called for “public comment on a proposed rule.” It accepted public comments until January 23, 2020.
The new rule’s wording allows DACA recipients to apply for admission to the bar if they hit all the other requirements. Currently, a court statement said that the Utah bar does not limit admission to only American citizens, but it denies admission “to those who cannot establish that they are legally present.”
Anthony Kaye, the legal counsel for the two bar applicants, said the court “interpreted the federal statute, and said it wouldn’t interfere with the court’s ability to regulate the practice of law in Utah.”
Kaye called attention to how the University of Utah allows undocumented students to attend its schools, including the S.J. Quinney College of Law, and lets them pay in-state tuition.
“The system has been set up already to educate people to become lawyers,” Kaye claimed.
The status of DACA remains in limbo. In November, the U.S. Supreme Court heard arguments on President Donald Trump’s decision to get rid of DACA. President Barack Obama announced his DACA policy in June 2012, which then went into effect in August of that same year.
Three federal appeals courts have determined that Trump cannot terminate the program, which protects approximately 670,000 immigrants from deportation. These children accompanied their parents illegally when they entered the United States.
However, during oral arguments, the Supreme Court’s conservative majority seemed to approve of the Trump administration’s decision to abolish the program.
Hopefully, federal courts take this case up.
Such lawlessness cannot be allowed to persist, lest America wants to embrace anarcho-tyranny and encourage more mass migration.
The Trump administration will need to overhaul birthright citizenship, chain migration, and enhance border security to get America’s immigration house back in order.
Similarly, it will need to fill the courts with justices that believe in the rule of law and not buy into the latest social justice trope that’s in vogue.