Sergio C. Garcia

On September 4, 2013, the Supreme Court of California heard oral argument on the In re Garcia admission matter. During arguments on the matter, it became apparent that the court would be unable to grant Garcia's petition for bar admission unless legislative action allowed them to do so. Justice Marvin R. Baxter asked why nobody had reached out to the California State Legislature, noting, "I would imagine there would be a great deal of support for something like this." Garcia then began lobbying members of the legislature until a bill was finally introduced recommending applicants be allowed to practice law if they have met all other bar requirements in spite of having been brought into the country unlawfully by their parents. The court testified in a hearing of the legislature recommending that immigrants who were brought here illegally as minors should be allowed to obtain law licenses, and the legislature passed said legislation just three days later.[6] Governor Jerry Brown signed the legislation on October 5, 2013, and the bill went into effect January 1, 2014.[7]

In a January 2, 2014, by unanimous decision consistent with the new legislation,[8] the court instructed the State Bar, an arm of the court,[9] to admit Garcia, rejecting arguments of the United States Department of Justice and others that federal law precluded his admission due to his undocumented status.[10] According to the court's decision, section 1621 of Title 8 of the United States Code "generally restricts an undocumented immigrant's eligibility to obtain a professional license, but that also contains a subsection expressly authorizing a state to render an undocumented immigrant eligible to obtain such a professional license through the enactment of a state law meeting specified requirements."[7]

After Governor Jerry Brown signed Senate Bill No. 1159 on September 28, 2014, requiring "all 40 licensing boards under the California Department of Consumer Affairs to consider applicants regardless of immigration status by 2016," Garcia was cited as being part of the inspiration for the bill.[11]

Garcia was born in Michoacán, Mexico, to parents Salvador Covarrubias and Albertina Garcia, who brought him to the United States illegally at 17 months of age.[12] When he was nine years old, Garcia's family moved from the United States back to Mexico, with him in tow.[13] When he was 17, Garcia's father moved his family again, bringing Garcia into the United States illegally a second time,[12] where he has remained ever since. Garcia applied for legal residency on November 18, 1994, but his application remained pending for nearly 19 years.[13] Garcia is the second-oldest of six children, with two brothers and three sisters.[12]

Garcia graduated from Durham High School (California) before going on to obtain an AA in Social and Behavioral Sciences and an AS in Business Administration from Butte College; and completing the Paralegal Certificate Program from California State University, Chico. On May 9, 2009 after years of attending law school at night so he could work during the day, Garcia received a Juris Doctorate from Cal Northern School of Law. In July of that same year, Garcia passed the California Bar Exam on his first attempt.[12]

• In re Sergio C. Garcia on Admission - S202512. California Supreme Court page on the Garcia case. Accessed June 3, 2014.
• In re Sergio C. Garcia on Admission, no. S202512, Cal. Sup. Ct. (Jan. 2, 2014). California Supreme Court decision granting the motion to admit Garcia. Accessed June 3, 2014.