While serving as California’s attorney general, Kamala Harris backed an undocumented immigrant’s effort to obtain a law license, a move that conflicted with the Obama administration’s position.
In a 2012 Supreme Court brief, Harris supported 35-year-old Sergio Garcia’s quest to receive a law degree from the State Bar of California. She argued that there was no legal basis for the government to prevent him from doing so. Harris’ office stated, “No law or policy prevents this court from admitting Garcia to the State Bar. Admitting Garcia would align with state and federal policies encouraging all immigrants, documented and undocumented, to contribute to society.”
Harris’ support clashed with then-President Barack Obama’s Department of Justice, which argued that granting Garcia a law license would violate federal immigration law established in 1996, according to the San Jose Mercury News.
Federal lawyers wrote, “In the view of the United States, federal law prohibits this court from issuing a law license to an unlawfully present alien.”
Despite opposition, the California state bar, civil rights groups, and Latino lawmakers rallied behind Garcia. Kevin Johnson, dean of UC Davis Law School, noted that Harris’ endorsement was pivotal in the case. He stated, “When the highest law enforcement officer of a state weighs in and says this is legal, the Supreme Court of California listens.”
Ultimately, Garcia became the first undocumented immigrant to practice law in California after the state Supreme Court ruled in his favor and legislation was enacted allowing licensing regardless of immigration status. Before becoming a citizen and voting for Harris and Joe Biden in 2020, Garcia received the Medal of Valor from Harris.
The Garcia case illustrates instances where Harris took positions more progressive than the Obama administration. During her 2019 presidential campaign, she criticized the deportation of undocumented immigrants who had not committed crimes beyond crossing the border.
Harris stated, “They should not be deported. This was one of the very few issues with which I disagreed with the administration, with whom I always had a great relationship.”
As California’s attorney general, she issued directives against compliance with ICE detainers, prioritizing community safety.
In a 2019 interview, Harris reiterated her differences with Obama regarding deportations, stating he was “wrong” about the issue.
Harris is reportedly planning a visit to the U.S.-Mexico border this week, although critics have labeled the potential trip a “political stunt.” Recent polling shows that about 54% of respondents support mass deportation, with a preference for Donald Trump over Harris on immigration issues, 44% to 34%.
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