Following a case brought by two undocumented law school graduates, a proposed rule change by the Utah Supreme Court could make the state the ninth in the nation to allow Deferred Action for Childhood Arrivals recipients to practice law.
While both DACA recipients—identified only as as Jane and Mary Doe—passed the bar in California, they’d been unable to practice in Utah, where both graduated from law school. They petitioned the court, and with success: “The justices found that the Utah Constitution does not prohibit the court from adopting a rule that would permit those with DACA status—often referred to as ‘Dreamers’— to practice law in Utah,” local NBC affiliate KSL reported.
Before any permanent changes can happen however, the proposed rule change must stay open to public comment through January. Jane and Mary Doe’s attorney, Tony Kaye, appeared hopeful the rule change was here to stay. “Usually, Kaye said, comment periods for new rules draw only technical comments from other lawyers,” The Salt Lake Tribune reported.
While DACA allows program recipients to work legally, some can face challenges, depending on their profession. “The requirements to obtain a professional license vary from state to state,” the National Conference of State Legislatures said. For example, DACA recipients in Arkansas were unable to access nursing licenses until this year, following legislation that passed with bipartisan support.
Like Jane and Mary, young immigrants just want the chance to live and work in the place they call home."Without DACA nurses passing,” future nursing student and DACA recipient Aldair Guerrero said in April, “I would have had to transfer to another state and Arkansas is all I've known. I wanted to stay here and help Arkansans.”
Back in Utah, the two women were also hopeful, Kaye said. “It’s a happy day for them because it means they can apply for admission and practice law in their home state. Our clients are no different than any other lawyers in the state. They’re just as deserving of the right to practice.”