Proposed NM rule change would allow immigrants to work as lawyers regardless of federal status

Interpretation and enforcement of immigration laws seemingly change as fast as finicky weather patterns under President Donald Trump and his advisers, mostly a group self-styled “immigration hardliners.” In some cases, the courts have thwarted the administration’s attempts at unilaterally limiting who can enter the United States. Contrarily, Trump, without evidence, continues to tout progress on […]

Proposed NM rule change would allow immigrants to work as lawyers regardless of federal status

Interpretation and enforcement of immigration laws seemingly change as fast as finicky weather patterns under President Donald Trump and his advisers, mostly a group self-styled “immigration hardliners.”

In some cases, the courts have thwarted the administration’s attempts at unilaterally limiting who can enter the United States. Contrarily, Trump, without evidence, continues to tout progress on “The Wall” along the nation’s southern border and, most recently, deployed US military forces to stop what he sees as an “invasion” of migrants from the south.

The uncertainty leads to big, philosophical questions on governance such as: How far does presidential power go when it comes to immigration policy?

In New Mexico, the charged debate over immigration has raised a narrower question for the state’s legal community. Should people in the United States illegally—regardless of whether they are eligible to hold jobs—be allowed to practice law here as long as they’ve passed the state bar exam?

The state Supreme Court is considering the question as a proposed rule change; it’s not clear when the justices will decide. If they adopt the change, New Mexico would join just a handful of states, including New York and California, to explicitly allow undocumented immigrants to practice law after passing a bar exam.

A small group of lawyers, led by Albuquerque-based Maureen Sanders, proposed the change.

Sanders declined to comment for this story, but Ed Chavez, who retired in March after 15 years as a state Supreme Court justice, was involved with the court’s admissions committee when the proposal came forward. He says the idea was born out of concern over Trump’s more draconian and fiery immigration rhetoric and policies.

“The immigration issue is so volatile these days,” Chavez says. “So these lawyers wanted to protect people in New Mexico who want to be lawyers themselves from whatever might happen at the federal level. … My personal, philosophical response is that we ought to have this. This is a multicultural, multilingual border state. Even for me, I am grateful for the accident of having been born here. Being a lawyer is based on character and skill, not some piece of paper that says you are allowed to be in some place.”

Current New Mexico Supreme Court rules allow US citizens and some people not born in the country—including legal permanent residents and people “otherwise authorized to work lawfully in the United States”—to practice law in New Mexico.

The proposed new language is far more expansive, adding: “or an individual otherwise residing in the United States. The Supreme Court may admit an applicant who is not lawfully present in the United States who is otherwise eligible for admission to practice law under this rule subject to the condition that the applicant have a contingent plan in the event of an inability to practice law.”

It’s not clear how many undocumented immigrants are practicing law in New Mexico already. The New Mexico Bar Association does not require prospective members to disclose immigration status. (“Undocumented immigrant” can mean anything from those who crossed the border illegally to the so-called “Dreamers,” who were brought to the US as children without documentation.)

Two women, one of them a Dreamer, have spoken to New Mexico reporters to tell their stories of graduating law school as undocumented immigrants. At least one of them is working here as a defense lawyer, though it appears her status changed just before she was admitted to the bar.

“One thing’s for sure: There will be an adversarial response to whatever the court decides on this,” Chavez says “There’s going to be anger either way.”

Based on the public comments submitted to the court, Chavez is right. Published on the Supreme Court’s website, the proposed rule change brought more than 120 written comments from lawyers, advocacy groups, law students and others around the state during a comment period that closed in April. That dwarfs the number of comments on other proposed rule changes.

And those who wrote in had strong feelings.

Albuquerque attorney John Farrow opposes the change, writing that he is “sympathetic to those who are in this state illegally by no fault of their own,” but those people should become citizens before they’re allowed to practice law.

“I do not see how anyone who has failed to become a citizen or legal resident of this country can truthfully or honestly take the attorney’s oath” as required by a different Supreme Court rule, Farrow writes.

Stuart Bluestone, a retired Santa Fe lawyer who worked 34 years as a prosecutor and in other areas of law, writes in support of the change, reminding the justices that the principle of federalism allows them to expand rights for people in New Mexico beyond federal interpretations.

Bluestone added that the proposed change could result in a more diverse perspective among attorneys and help remedy a “grave injustice” taking place in New Mexico’s federal courts: That some immigrants, including children, do not have adequate access to lawyers in deportation cases.

“To the extent this new rule can help provide committed lawyers who can correct this injustice by serving as needed lawyers for children and others in immigration cases, the rule represents sound judgment and should be adopted,” he writes.

This story was published in collaboration with the Santa Fe Reporter, NMID partner.

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Equality New Mexico endorses 15 legislative candidates

Equality New Mexico endorses 15 legislative candidates

A New Mexico-based LGBTQ rights organization endorsed 15 candidates for state House and Senate seats for the 2024 elections.  Marshall Martinez, executive director of…
Lujan Grisham pocket vetoes two bills

Lujan Grisham pocket vetoes two bills

Gov. Michelle Lujan Grisham pocket vetoed two bills the legislature passed this legislative session: one changing the Cybersecurity Act and the other concerning law…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
What consumers, farmers should know about the flu impacting dairy cows

What consumers, farmers should know about the flu impacting dairy cows

Migrating birds appear to have caused a virus in dairy cattle that is causing reduced milk production. So far, the disease, which initially started…
Republicans seek to limit national monument designations

Republicans seek to limit national monument designations

Republican-backed legislation in the U.S. Congress would make it harder for the government to designate new national monuments. The proposed Congressional Oversight of the…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn Roe v. Wade are returning to the U.S. Supreme Court on Tuesday in pursuit…
Supreme Court to hear two abortion cases this spring

Supreme Court to hear two abortion cases this spring

Later this month, the U.S. Supreme Court will hear oral arguments on the case against the abortion medication mifepristone. It will hear a second…
New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid announced on Wednesday that it will cover the cost of Opill, the first oral contraception approved for over-the-counter use. It is…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn Roe v. Wade are returning to the U.S. Supreme Court on Tuesday in pursuit…
San Juan County, Navajo Nation settle redistricting case

San Juan County, Navajo Nation settle redistricting case

The Navajo Nation and San Juan County reached an agreement Monday about commission districts after the tribe alleged that its members were not adequately…
MIT ranks NM elections most well-run in the U.S.

MIT ranks NM elections most well-run in the U.S.

New Mexico’s 2022 election was ranked most well-run in the country by Massachusetts Institute of Technology’s Election Data and Science Lab’s Elections Performance Index.…
Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
What consumers, farmers should know about the flu impacting dairy cows

What consumers, farmers should know about the flu impacting dairy cows

Migrating birds appear to have caused a virus in dairy cattle that is causing reduced milk production. So far, the disease, which initially started…

GET INVOLVED

© 2023 New Mexico Political Report