THE COURTS
TITLE 204—JUDICIAL SYSTEM GENERAL PROVISIONS
PART IV. ADMISSION TO PRACTICE LAW
[ 204 PA CODE CH. 71 ]
Proposed Amendment to Pennsylvania Bar Admission Rule 202
[48 Pa.B. 6385]
[Saturday, October 6, 2018]Notice is hereby given that the Pennsylvania Board of Law Examiners (Board) is considering recommending to the Pennsylvania Supreme Court that it amend Rule 202 of the Pennsylvania Bar Admission Rules concerning admission of individuals with Deferred Action for Childhood Arrival (DACA) status as set forth in Annex A. Additions to the text of the rule are shown in bold and underlined, and deletions are in bold and brackets.
The current Pennsylvania Bar Admission Rules are silent regarding an applicant's immigration status as a requirement for the issuance of a license to practice law in Pennsylvania. This leaves individuals with DACA status who are authorized to work in the United States with uncertainty regarding whether they may be admitted if they invest the time, effort and expense of attending law school and sitting for the bar examination. With this rule amendment, the Board seeks to provide clarity in its rules by providing a path to admission for those individuals provided they meet the other requirements for admission.
Article 5, section 10 of the Pennsylvania Constitution provides that the Pennsylvania Supreme Court governs admission to the bar and to the practice of law. See also Pa.B.A.R. 103. The Court has delegated that power to the Board. Pa.B.A.R. 104. The United States Code, 8 U.S.C. § 1621, provides that undocumented immigrants are not eligible for state benefits, including professional licenses, which are provided by an agency of a state or local government or by appropriated funds of a state or local government. 8 U.S.C. § 1621. In Pennsylvania licenses are not provided for by appropriated state funds, but rather from fees generated from applications for admission. Section 1621(d) of the statute allows states by enactment of state law to opt out of the restriction to provide public benefits including licenses. The proposed amendment would provide that 8 U.S.C. § 1621 does not prevent bar admission in Pennsylvania to individuals with DACA status. Thus, making it clear that Pennsylvania is opting out of the restriction under section 1621 regarding admission to the practice of law for those individuals with DACA status.
Under the proposed amendment, it would be clear that section 1621 would not preclude the Pennsylvania Supreme Court from admitting a candidate who is otherwise qualified for admission who has current DACA status and authorization to work in the United States. The proposed amendment would provide clarity that Pennsylvania has invoked section 1621(d) with respect to applicants with current DACA status regarding that individual's application for law licenses.
Interested persons are invited to submit written comments regarding the proposed amendments to the Counsel to the Board, Pennsylvania Board of Law Examiners, Pennsylvania Judicial Center, 601 Commonwealth Avenue, Suite 3600, P.O. Box 62535, Harrisburg, PA 17106-2535, no later than November 7, 2018.
By The Pennsylvania Board of Law Examiners
Supreme Court of PennsylvaniaC. ROBERT KEENAN, III,
Chair
Annex A
TITLE 204. JUDICIAL SYSTEM GENERAL PROVISIONS
PART IV. ADMISSION TO PRACTICE LAW
CHAPTER 71. PENNSYLVANIA BAR ADMISSION RULES
Subchapter B. ADMISSION TO THE BAR GENERALLY
IN GENERAL Rule 202. Admission to the bar.
An applicant who complies with the requirements of Rule 203 (relating to admission of graduates of accredited institutions), Rule 204 (relating to admission of domestic attorneys) or Rule 205 (relating to admission of foreign attorneys) and the applicable rules of the Board shall be admitted to the bar of this Commonwealth in the manner prescribed by these rules.
An applicant who is an undocumented immigrant who has current Deferred Action for Childhood Arrivals (DACA) status, or equivalent status under a successor program, and who has current and valid employment authorization to work in the United States shall be eligible for admission to the Pennsylvania Bar provided that all other requirements of these Rules are otherwise satisfied. This Rule satisfies the requirements of Section 1621(d) of Title 8 of the United States Code. This Rule shall apply to all applications pending at the time of its adoption and thereafter.
[Pa.B. Doc. No. 18-1554. Filed for public inspection October 5, 2018, 9:00 a.m.]
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