Florida Board of Bar Examiners Re: Questions as to Whether Undocumented Immigrants Are Eligible for Admissions to…

Summary

The court answered an advisory question by holding that an unauthorized immigrant is ineligible for admission to The Florida Bar because a law license is a state professional license funded through state appropriations and federal law bars such benefits absent qualifying state legislation. The court further held that only an affirmative enactment by the Florida Legislature could remove that federal barrier, and that executive policies such as deferred action do not have the force of law necessary to do so. Justice Labarga, joined by Justice Pariente, concurred reluctantly, agreeing that existing law compelled the result while urging legislative action to permit admission.