The court found that Garcia met the moral standards to practice law, noting that "he has been a diligent and trusted worker and has made significant contributions to his community". More significantly, it underlines that being unauthorised to live in the US is a civil offence under federal immigration laws but not a crime.
The supreme court concludes that the condition of being undocumented does not "in itself involve moral turpitude or demonstrate moral unfitness so as to justify exclusion from the State Bar, or prevent the individual from taking an oath promising faithfully to discharge the duty to support the Constitution and laws of the United States and California".
Although Garcia has won a hard-fought and important victory, his right to practice law in California will be tightly restricted. Federal laws will prohibit any law firm, corporation or public agency from hiring him, because of his lack of a visa, and he will not be allowed to engage in any immigration cases.
