During her tenure as California’s attorney general, Vice President Kamala Harris took a notable stance in favor of an undocumented immigrant’s quest to obtain a law license, a move that was met with resistance from the Obama administration.
In 2012, Harris filed a Supreme Court brief supporting 35-year-old Sergio Garcia’s bid to be admitted to the California State Bar. Garcia, an undocumented immigrant, had passed the bar exam, and Harris argued that there was no legal barrier preventing his admission. “No law or policy prevents this court from admitting Garcia to the State Bar,” Harris’ office wrote in the brief. “In fact, admitting Garcia to the Bar would be consistent with state and federal policy that encourages immigrants, both documented and undocumented, to contribute to society.”
This position was in direct conflict with the Obama administration, which opposed Garcia’s admission based on a 1996 federal immigration law. According to the Department of Justice, “In the view of the United States, (federal law) prohibits this court from issuing a law license to an unlawfully present alien.”
Despite the federal pushback, Harris’ support was pivotal. “When the highest law enforcement officer of a state weighs in and says this is legal, this is permissible, this is possible, the Supreme Court of the State of California listens,” Kevin Johnson, dean of UC Davis’ law school, told the Sacramento Bee earlier this year. Johnson, who also represented the State Bar of California in the case, emphasized Harris’ role: “She could have ducked and covered and tried to avoid any political controversy. But she sided with the State Bar of California and Sergio Garcia, so, I respect her for that.”
Ultimately, the California Supreme Court ruled in favor of Garcia, making him the first undocumented immigrant allowed to practice law in the state. Following the decision, Harris awarded Garcia the Medal of Valor. Garcia later became a U.S. citizen and, in 2020, cast his vote for Harris and Joe Biden during their presidential run.
This was not the only time Harris found herself to the left of the Obama administration on immigration matters. During the 2019 presidential primary, she publicly criticized the Obama administration’s deportation policies. “Well, thank you. I will say — no, absolutely not, they should not be deported,” Harris stated when asked about undocumented immigrants without criminal records. “And I actually — this was one of the very few issues with which I disagreed with the administration, with whom I always had a great relationship and a great deal of respect.”
Harris further explained her stance during the campaign, pointing out that as California’s attorney general, she instructed sheriffs to prioritize public safety over compliance with ICE detainers. “I issued a directive to the sheriffs of my state that they did not have to comply with detainers, and instead should make decisions based on the best interests of public safety of their community,” she said.
In a 2019 interview with Univision’s Jorge Ramos, Harris reiterated that she believed Obama’s deportation policy was “wrong” and continued to stand by her decision to resist certain aspects of federal immigration enforcement during her time as attorney general.
As Harris prepares for a potential visit to the U.S.-Mexico border this week amid ongoing criticism of her immigration policies, these past stances have resurfaced. Critics have suggested that the trip may be more of a “political stunt” as her campaign for re-election gains momentum.
Recent polling from Scripps News/Ipsos indicates that immigration remains a contentious issue, with 54% of respondents supporting mass deportation. When asked which candidate would handle the issue better, respondents favored Donald Trump over Harris, 44% to 34%.
Despite the criticism and political friction surrounding her immigration policies, Harris has maintained that her approach is both pragmatic and focused on public safety. Whether her upcoming trip to the border will shift public perception remains to be seen.
