California Gives Expanded Rights to Noncitizens

Jennifer Medina, New York Times, September 21, 2013

California is challenging the historic status of American citizenship with measures to permit noncitizens to sit on juries and monitor polls for elections in which they cannot vote and to open the practice of law even to those here illegally. It is the leading edge of a national trend that includes granting drivers’ licenses and in-state tuition to illegal immigrants in some states and that suggests legal residency could evolve into an appealing option should immigration legislation fail to produce a path to citizenship.

With 3.5 million noncitizens who are legal permanent residents in California, some view the changes as an acknowledgment of who is living here and the need to require some public service of them. But the new laws raise profound questions about which rights and responsibilities rightly belong to citizens over residents.

“What is more basic to our society than being able to judge your fellow citizens?” asked Jessica A. Levinson, a professor at Loyola Law School, referring to jury service. “We’re absolutely going to the bedrock of things here and stretching what we used to think of as limits.”

One new state law allows legal permanent residents to monitor polls during elections, help translate instructions and offer other assistance to voting citizens. And immigrants who were brought into the country illegally by their parents will be able to practice law here, something no other states allow.

{snip} Gov. Jerry Brown, a Democrat, signed the poll worker legislation this month and has indicated his approval of the other bills. Many of the changes, including granting drivers’ licenses to unauthorized immigrants, passed with overwhelming support and the backing of several Republicans.

{snip} More than a dozen states now grant illegal immigrants in-state college tuition, and nine states and the District of Columbia also allow them to obtain drivers’ licenses.


Early this month, the State Supreme Court suggested during a hearing that lawmakers could create a law to address the case of Sergio Garcia, who was brought to the United States illegally as a child. Mr. Garcia had met every other requirement to become a licensed lawyer. Within days, legislation was approved to allow immigrants who were brought here illegally as minors to obtain law licenses, with just three opposing votes.

But the bill to allow noncitizens to sit on juries has proved more controversial. Several newspaper editorials have urged Mr. Brown to veto it.

Rocky Chávez, a Republican assemblyman from northern San Diego County, said that allowing noncitizens to serve on a jury would make it harder to uphold American standards of law.

“What we call domestic violence is appropriate in other countries, so the question becomes, ‘How do we enforce our own social norms?’ ” Mr. Chávez said. He added that granting more privileges would weaken immigrants’ desires to become citizens. “Once we erase all these distinctions, what’s next? What is going to convince someone it is essential to get citizenship?”


State legislators and advocates had for years sought a law to allow unauthorized immigrants to obtain drivers’ licenses. Earlier legislation to create licenses for them had been vetoed by the previous governor, Arnold Schwarzenegger. Governor Brown signaled during his 2010 election that he would do the same.

But this year, a Republican co-sponsor signed on to the bill, and Mr. Brown quietly assured supporters that he would sign it as long as it included a marking to distinguish such a license from the existing driver’s license.


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