Is an illegal immigrant to the US eligible for admission to the bar?

 

Throughout the history of Canada and the United States, many groups have been denied the opportunity to become lawyers. During Canada’s history, at various times: Catholics, Jews, Aboriginals, Women, some non-citizens of Canada and all non-citizens of Canada have been denied the right to practise law. Why? Just because. Of course, certain groups, even though they have been allowed to practise law have been discriminated against in the job market. Those interested in this topic – see my Law School Bound book.

In 1972 the Supreme Court of the United States ruled that a citizenship requirement for bar admission was unconstitutional (violating equal protections laws). The Supreme Court of Canada (in 1989) ruled that a citizenship requirement to practise law violated S. 15 of the Canadian Charter of Rights.

Now, the U.S. is grappling with the issue of whether an illegal immigrant to the U.S. should be denied admission to the bar. Why? Because they are an illegal immigrant.

See the following three articles: