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

Summary

The court held that an unauthorized immigrant is ineligible for admission to The Florida Bar because a law license is a professional license issued through state appropriations and federal law bars unauthorized immigrants from receiving such benefits. The court further held that only a state legislative enactment expressly providing eligibility could override that federal restriction, and no such Florida law exists. The court also rejected reliance on executive-branch deferred-action policies because they do not confer lawful immigration status or have the force of law. Labarga, J., concurring, agreed that existing law compelled the result but argued that unauthorized presence and work restrictions should not independently disqualify an otherwise qualified applicant.