IN THE SUPREME COURT OF FLORIDA. Case No. SC APPLICANT/RESPONDENT S RESPONSE TO QUESTIONS FROM THE COURT

Transcription

1 Electronically Filed 05/17/ :32:31 PM ET RECEIVED, 5/17/ :33:33, Thomas D. Hall, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA Case No. SC Florida Board of Bar Examiners ) Re: Question as to Whether Undocumented ) Immigrants Are Eligible for Admission to ) The Florida Bar ) APPLICANT/RESPONDENT S RESPONSE TO QUESTIONS FROM THE COURT Talbot D'Alemberte Florida Bar No Patsy Palmer Florida Bar No D Alemberte & Palmer, PLLC Post Office Box Tallahassee, Florida (850) dalemberte@dalemberteandpalmer.com Attorneys for Applicant/Respondent

2 TABLE OF CONTENTS TABLE OF CONTENTS... i TABLE OF AUTHORITIES... iii SUMMARY OF ARGUMENT. 1 QUESTIONS PROPOUNDED BY THE COURT... 3 I. How does executive branch policy, including the deferred action policy, affect federal law?.. 4 II. III. Does 8 U.S.C. section a, prohibit an undocumented immigrant from working in the United States for compensation? Do the provisions of 8 U.S.C. section 1621 (2011) prohibit the issuance of a professional license by appropriated funds of a state to immigrants not authorized to work under federal law? Further, does 8 U.S.C. section 1621, subdivision (c), apply and preclude this Court's admission of an undocumented immigrant to The Florida Bar? Does any other statute, regulation, or authority preclude the admission?... 6 A. Analysis of 8 U.S.C B. 8 U.S.C Encourages Self-Sufficiency C. Florida s Constitution Empowers the Court to Displace 8 U.S.C IV. Under the Executive Branch's deferred action policy, how can state government entities determine whether an undocumented immigrant is fully authorized to be employed? Would an undocumented immigrant, who has been authorized for employment pursuant to the policy, have an employment authorization card" or similar documentation? i

3 V. What is meant by the statement on a Social Security card valid for work only with DHS authorization"? Does the phrase demonstrate that an undocumented immigrant is fully authorized to work in the United States? Or does the phrase indicate that there are matters that might necessitate further consideration by the Department of Homeland Security before the person is completely authorized to engage in employment?.. 15 CONCLUSION EXHIBITS Exhibit 1 - Applicant/Respondent s work authorization Exhibit 2 - Department of Financial Services sample letter.. 20 CERTIFICATES OF FONT SIZE AND SERVICE ii

4 TABLE OF AUTHORITIES Cases: Application of Griffiths, 413 U.S. 717 (1973)... 7 Chiles v. U.S., 874 F. Supp (S.D. Fla. 1994)... 4 Dandamudi v. Tisch, 686 F.3d 66 (2d Cir. 2012).. 7 Diaz-Covarrubias v. Mukasey, 551 F.3d 1114 (9th Cir. 2009) Graham v. Richardson, 403 U.S. 365 (1971) In re Florida Board of Bar Examiners, 353 So. 2d 98 (Fla. 1977) LeClerc v. Webb, 419 F.3d 405 (5th Cir. 2005) Matter of the Sergeants at Law, 6 Bingham s New Cases, New York v. U.S., 505 U.S. 144 (1992). 8 Palm Harbor Special Fire Control District v. Kelly, 516 So. 2d 249 (Fla. 1987)... 7 Printz v. U.S., 521 U.S. 898 (1997)... 8 Punathil v. Heinauer, 876 F. Supp. 2d 1294 (M.D. Fla. 2012). 4 Yick Wo v. Hopkins, 118 U.S. 356 (1886) Constitutions, Statutes, Rules: U.S. Constitution, Amendment XIV Article V 15, Florida Constitution iii

5 322.08(2)(c)(7), Florida Statutes (2012) , Florida Statutes (2012) , Florida Statutes (2012) (1)(a), Florida Statutes (2012) (1)(b), Florida Statutes (2012) , Florida Statutes (2012) , Florida Statutes (2012) , Florida Statutes (2012) , Florida Statutes (2012) , Florida Statutes (2012) , Florida Statutes (2012) , Florida Statutes (2012) , Florida Statutes (2012) , Florida Statutes (2012) , Florida Statutes (2012) (2)(a), Florida Statutes (2012) Personal Responsibility and Work Opportunity Act of U.S.C , U.S.C. 1324a.... 1, U.S.C iv

6 8 U.S.C passim 8 U.S.C. 1621(a) U.S.C. 1621(c) , 8 8 U.S.C. 1621(d). 1, 8 8 C.F.R. 1.3(4)(vi) (2012) C.F.R. 274a.1(f) (2012) C.F.R. 274a.1(g) (2012) Fed. Reg (Sep. 6, 1996) Other Authority: Florida Board of Bar Examiners, Response to Applicant s Notice of Filing of Additional Information and Motion for Admission, Florida Board of Bar Examiners Re: Question of Whether Undocumented. Immigrants Are Eligible for Admission to the Florida Bar (Case No , Fla.) Florida Department of Business and Professional Regulation, 12 Florida Department of Business and Professional Regulation, license.com/dbpr/pro/index.html Florida Department of Education, Guidelines on Florida Residency for Tuition Purposes, residency.asp Florida Department of Financial Services, AALF Application ID letter, obtained through a public records request, May 14, v

7 Florida Department of Health, Health Professionals.html Florida Department of Health, med-boards.html Daniel T. Griswold, Immigration and the Welfare State, Cato Journal, Vol. 32, No. 2 (Winter 2012) Seema Nanda, Office of Special Counsel for Immigration-Related Unfair Employment Practices, U.S. Department of Justice, to David R. Burton, National Small Business Association General Counsel (Sept. 10, 2012), available at publications/taletters/fy2012/161.pdf.. 5 Janet Napolitano, Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the U.S. as Children, Jun. 15, , 4 U.S. Citizenship and Immigration Services, Deferred Action for Childhood Arrivals Process, Resources/ReportsandStudies/ImmigrationFormsData/AllFormTypes/ DACA/daca pdf... 5 U.S. Citizenship and Immigration Services, Frequently Asked Questions, (last updated Jan. 18, 2013) 2, 4 U.S. Citizenship and Immigrations Services, Guidance for Employers, %20Childhood%20Arrivals/DACA-Fact-Sheet-I-9_Guidance-foremployers.pdf 2, 5 U.S. Department of Justice, Brief for Amicus Curiae The United States of America, In re Sergio C. Garcia on Admission, Bar Misc (No. S202512, Cal.)... 3 vi

8 SUMMARY OF ARGUMENT Three federal statutes are mentioned in the questions propounded by the Court: 8 U.S.C. 1324, 1324a, and None prevents the granting of a Florida law license to someone who has lawful presence in the country, has work authorization, and has met all other requirements for admission to the Bar. In any event, the provisions of 8 U.S.C. 1621(d) allow this Court to displace any perceived barriers to licensing. Although the Court may elect to answer the question posed by the Florida Board of Bar Examiners ( Board ), the Applicant/Respondent, Jose Manuel Godinez-Samperio, is not an undocumented immigrant. On December 24, 2012, he received notice that the U.S. Department of Homeland Security had granted him deferred action, 1 which means that his presence in the United States is lawful; 2 he 1 This grant was made under the Deferred Action for Childhood Arrivals program ( DACA ), which was announced on June 15, 2012, by the U.S. Department of Homeland Security ( DHS ). DACA applicants must undergo rigorous background checks before deferred action is approved. Janet Napolitano, Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the U.S. as Children, June 15, The characteristic common to all the classes of aliens defined as lawfully present in the United States is that their presence in the United States has been sanctioned by a policy determination that a particular class of aliens should be allowed to remain in the United States, and that policy determination has almost always been implemented by an official act having the force of law. 61 Fed. Reg , (Sept. 6, 1996). 1

9 also has a Social Security card and work authorization 3 documentation allowing him lawful presence in this country and the ability to work here. 4 The U.S. Citizenship and Immigration Services ( USCIS ) website explains the significance of deferred action: Q1: What is deferred action? A1: Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion.... An individual who has received deferred action is authorized by the Department of Homeland Security (DHS) to be present in the United States and is therefore considered by DHS to be lawfully present during the period deferred action is in effect. USCIS, Frequently Asked Questions, (last updated Jan. 18, 2013) (emphasis added). See also 8 C.F.R. 1.3(4)(vi) (establishing that aliens with deferred action have lawful status for purpose of Social Security benefits). Court is: In light of these circumstances, the proper question to be put before the WHETHER AN APPLICANT WHO HAS COMPLIED WITH ALL REQUIREMENTS FOR ADMISSION, WHO HAS LAWFUL PRESENCE IN THE U.S., AND WHO HAS WORK AUTHORIZATION MAY BE ADMITTED TO THE BAR. 3 The so-called Employment Authorization Document or EAD is issued by DHS. See, Guidance for Employers, Deferred%20Action%20for%20Childhood%20Arrivals/DACA-Fact-Sheet-I- 9_Guidance-for-employers.pdf. A copy of the Applicant/Respondent s EAD card is attached to this brief. 4 In announcing DACA, the U.S. Secretary of Homeland Security stated that the two-year deferral may be renewed. Napolitano, Exercising Prosecutorial Discretion, p. 3. 2

10 Most of the Applicant/Respondent s submission relates to the important fact of his lawful presence and work authorization. QUESTIONS PROPOUNDED BY THE COURT In its order of April 18, 2013, the Court directed the Florida Board of Bar Examiners ( Board ) to respond to five questions. Applicant/Respondent s Counsel was given permission to address the questions, and the U.S. Department of Justice ( DOJ ) was invited to do so. As of May 16, 2013, it was unclear whether DOJ will participate. But DOJ s brief opposing admission of an undocumented person to the State Bar of California cannot be taken as authority here, because that opposition was premised on the conclusion that 8 U.S.C prohibits [issuance of] a law license to an unlawfully present alien. DOJ, Brief for Amicus Curiae The United States of America at 2, In re Sergio C. Garcia on Admission, Bar Misc (No. S202512, Cal.) (emphasis added). Mr. Godinez-Samperio has lawful presence, in Florida and the United States; he also has work-authorization documents. The DOJ s California submission regarding 8 U.S.C is inapplicable to this case. This brief will state the Court s five questions and respond to each. 3

11 How does executive branch policy, including the deferred action policy, affect federal law? I. Where Congress has provided for executive discretion, the exercise of executive policy has the force of law unless upset by the Congress. 5 Chiles v. U.S., 874 F. Supp (S.D. Fla. 1994); Diaz-Covarrubias v. Mukasey, 551 F.3d 1114 (9th Cir. 2009); Punathil v. Heinauer, 876 F. Supp. 2d 1294 (M.D. Fla. 2012). This general rule extends to deferred action, which, as shown above, is a discretionary determination. USCIS, Frequently Asked Questions, p. 1. The effect of a deferred action determination is that DHS will not attempt to prosecute or remove the individual in question because s/he has lawful presence under the policy. People approved for deferred action may remain in the country and continue with their lives and with jobs or careers, if they also obtain work authorization, as the Applicant/Respondent has. As of March 14, 2013, Mr. Godinez-Samperio is one of 245,493 individuals 5 In announcing DACA, Secretary Napolitano noted: This memorandum confers no substantive right, immigration status or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights. It remains for the executive branch, however, to set forth policy for the exercise of discretion within the framework of the existing law. I have done so here. Napolitano, p. 3. 4

12 approved for deferred action under DACA, thousands of whom live in Florida. 6 Quite apart from the legal analysis, it would be unthinkable to remove so many people who came to this country as children and now have lawful presence here. II. Does 8 U.S.C. section a, prohibit an undocumented immigrant from working in the United States for compensation? The very title of 8 U.S.C Bringing in and harboring certain aliens demonstrates that it targets individuals who transport, employ, and shelter undocumented persons. It is their conduct, not that of the undocumented immigrants, that the statute criminalizes. The next section, 8 U.S.C. 1324a Unlawful employment of aliens also applies to employers, specifying that it is unlawful to hire unauthorized aliens. 1324a(a). Under the statute, all U.S. employers must complete an employment eligibility verification form for each person hired, whether citizen or non-citizen; the USCIS has specified that a work-authorization card like the one issued to Mr. Godinez-Samperio satisfies this requirement. USCIS, Guidance for Employers. 7 6 USCIS, Deferred Action for Childhood Arrivals Process, Resources/Reports and Studies/Immigration Forms Data/All FormTypes/DACA/ daca pdf (last accessed May 16, 2013). 7 See also Ltr. from Seema Nanda, Off. of Spec. Counsel for Immig.-Related Unfair Empl. Prac., DOJ, to David R. Burton, Natl. Small Bus. Assn. Gen. Counsel (Sept. 10, 2012), available at 5

13 These statutes are not grounds for the Court to deny a law license to someone who has lawful presence and work authorization and who has met all requirements. The issue of where Mr. Godinez-Samperio will practice law is entirely separate, as it is for all Bar applicants. For now, he is employed for compensation as a law graduate in the Clearwater, Florida, office of Gulfcoast Legal Services, Inc. 8 III. Do the provisions of 8 U.S.C. section 1621 (2011) prohibit the issuance of a professional license by appropriated funds of a state to immigrants not authorized to work under federal law? Further, does 8 U.S.C. section 1621, subdivision (c), apply and preclude this Court's admission of an undocumented immigrant to The Florida Bar? Does any other statute, regulation, or authority preclude the admission? There are several answers to these questions. Addressing the last question publications/taletters/fy2012/161.pdf (an EAD card is acceptable verification). 8 In any case, the typical attorney-client relationship is that of an independent contractor and 8 U.S.C. 1324a does not apply to independent contractors. See 8 C.F.R. 274a.1(f) (2012) ( [E]mployee... does not mean independent contractor[] ) and 8 C.F.R. 274a.1(g) (2012) ( [E]mployer shall... not [mean] the person or entity using the contract labor ). 6

14 first: There is no other statute, regulation or authority that precludes admission of the Applicant/Respondent. 9 A. Analysis of 8 U.S.C The federal statute must be read in full to answer the question of whether it is a barrier to licensing an undocumented immigrant. The statute first provides that a public benefit should not be allowed to certain persons: (a) In general notwithstanding any other provision of law and except as provided in subsections (b) and (d) of this section, an alien who is not (1) a qualified alien (as defined in section 1641 of this title), (2) a nonimmigrant under the Immigration and Nationality Act [8 U.S.C.A et seq.], or (3) an alien who is paroled into the United States under section 212(d)(5) of such Act [8 U.S.C (d)(5)] for less than one year, 9 An important body of law holds that adoption of a regulation that discriminates against aliens is void under the Equal Protection Clause of the U. S. Constitution. Graham v. Richardson, 403 U.S. 365 (1971); Yick Wo v. Hopkins, 118 U.S. 356 (1886); Application of Griffiths, 413 U.S. 717 (1973); Palm Harbor Spec. Fire Control Dist. v. Kelly, 516 So. 2d 249 (Fla. 1987) (holding that a statute discriminating against non-citizens in the licensing of business agents is unconstitutional); and Dandamudi v. Tisch, 686 F.3d 66 (2d Cir. 2012). Contra: LeClerc v. Webb, 419 F.3d 405 (5th Cir. 2005) (analysis upholding restrictions on law license for immigrants was based on the question of whether applicants were legally entrenched and does not apply when applicants have lawful presence and work authorization). 7

15 is not eligible for any State or local public benefit (as defined in subsection (c) of this section U.S.C (emphasis added). Subsection (c) goes on to define public benefit to include the issuance of a professional license... provided by an agency of a State or local government or by appropriated funds of a state or local government. Id. Then, significantly, subsection (d) allows states to displace the federal statute: A State may provide that an alien who is not lawfully present is eligible for any State or local public benefit for which such alien would otherwise be ineligible under subsection (a)... only through the enactment of a State law after August 22, 1996, which affirmatively provides for such eligibility. Id. Thus, the same federal law that first purports to intrude into state regulation by prohibiting certain licensing to undocumented immigrants ultimately allows states to provide public benefits, including licensing. B. 8 U.S.C Encourages Self-Sufficiency. Any suggestion that the statute forbids the Applicant/Respondent from receiving his law license is at odds with the Congressional philosophy behind that statute. Another part of the same omnibus law begins: Self-sufficiency has been 10 The statute purports to direct state police power and to commandeer state authorities to further a federal policy. This action is not permitted under principles of federalism recognized in New York v. U.S., 505 U.S. 144 (1992), and Printz v. U.S., 521 U.S. 898 (1997). 8

16 a basic principle of [U.S.] immigration law since this country s earliest immigration statutes. 8 U.S.C In fact, the title of the omnibus law is The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (emphasis added). Admitting Mr. Godinez-Samperio would expand his work opportunities and make him more self-sufficient. Any public benefit he receives would almost certainly be more than repaid, 11 and he would be a benefit to the public. C. Florida s Constitution Empowers the Court to Displace 8 U.S.C The federal statute presents no barrier here because Florida s Constitution gives this Court control over admission to the Bar and the practice of law: Attorneys; admission and discipline. The supreme court shall have exclusive jurisdiction to regulate the admission of persons to the practice of law and the discipline of persons admitted. Art. V, 15, Fla. Const. (emphasis added). Nor can the Legislature interfere with the Court s exclusive power: In the exercise of its constitutional authority, this Court created the Florida Board of Bar Examiners.... As an arm of this Court, the Board is answerable solely to this tribunal. Any legislative enactment which constitutes an usurpation of this Court s 11 The typical immigrant and his or her descendants pay more in taxes than they consume in government services in terms of net present value. Daniel T. Griswold, Immigration and the Welfare State, Cato J., Vol. 32, No. 1 (Winter 2012), p. 1. 9

17 constitutionally endowed power, by seeking to govern the Board s activities must be invalid. In re Fla. Bd. of Bar Exam rs., 353 So. 2d 98, 100 (Fla. 1977) (emphasis added). 12 Therefore, in Florida, the power to displace the federal prohibition on licensing lawyers is vested with this Court and this Court alone. The Board itself has conceded that a decision by the Court could displace the federal statute. 13 If the Court finds that 8 U.S.C preempts the Court s exclusive authority, the Court should displace the statute in order to avoid constitutional issues. Other issues raised in this response then would not need to be addressed. IV. Under the Executive Branch's deferred action policy, how can state government entities determine whether an undocumented immigrant is fully authorized to be employed? Would an undocumented immigrant, who has been authorized for employment pursuant to the policy, have an employment authorization card" or similar documentation? 12 The opinion traces this authority to English decisions written six centuries before the Florida Constitution recognized the Court s exclusive jurisdiction over bar admissions. In re Fla. Bd. of Bar Exam rs., 353 So. 2d at 100, citing Matter of the Sergeants at Law, 6 Bingham s New Cases 235. See also , Fla. Stat. 13 Fla. Bd. of Bar Exam rs., Response to Applicant s Notice of Filing of Additional Information and Mot. for Admis., p.3, Fla. Bd. of Bar Exam rs. Re: Question of Whether Undoc d. Immigrants Are Eligible for Admis. to the Fla. Bar (Case No , Fla.). 10

18 The Applicant/Respondent is not an undocumented immigrant. Rather, he has documents authorizing him to remain in this country through deferred action and authorizing him to work. 14 These documents clearly indicate federal recognition of his presence in the U.S., and give explicit permission for him to be employed. There is no question about the Applicant/Respondent s legal ability to work or be hired. In admitting Mr. Godinez-Samperio to the Bar, the Court would not be alone in licensing a person who has lawful presence and work authorization. Many Florida agencies provide public benefits to such individuals. Among the examples: Driver s Licenses: As already noted, Florida issues driver s licenses to persons who have lawful presence and can show identification from a list that includes work authorization from the Department of Homeland Security (2)(c)(7), Fla. Stat. (2012). Business and Professional Licenses: Florida public policy on licensing is set forth in clear terms in statutes regulating the Department of Business and Professional Regulation ( DBPR ): No person shall be disqualified from practicing an occupation or profession regulated by the state solely because he or she is not a United States citizen , Fla. Stat. (2012). 14 Copies of Mr. Godinez-Samperio s driver s license and Social Security card were filed previously with the Court. A copy of his work-authorization card is attached to this brief as Exhibit 1. 11

19 DBPR has jurisdiction over professions ranging from architecture to veterinary medicine. 15 See: (last accessed Apr. 29, 2013). The agency requires extensive background checks for certain licenses, but the fact that a person is an immigrant with deferred action status and work authorization is not a barrier to any license administered by that department. 16 Licensed Health Professions: In Florida, health care licenses are issued by the applicant s respective health care board or by the Florida Department of Health ( DOH ) if the applicant s profession is not regulated by a board. DOH licenses a wide range of health professions from acupuncture to speech pathology and audiology; its jurisdiction includes nurses and physicians. 17 Statutes governing the agency specify that [a] person is not disqualified from practicing an occupation or profession regulated by the state solely because 15 DBPR issues more than 376,000 licenses in the following 18 professions: architecture and interior design; asbestos contractors and consultants; athlete agents; auctioneers; barbers; building code administrators and inspectors; community association managers and firms; construction industry; cosmetology; electrical contractors; employee leasing companies; geologists; harbor pilots; home inspectors; landscape architecture; mold-related services; talent agencies; and veterinary medicine This information has been provided by DBPR and can be confirmed by contacting the DBPR Office of General Counsel at (850) The DOH web site is: The list of areas regulated is provided at: 12

20 she or he is not a United States citizen , Fla. Stat. (2012). DOH requires applicants to provide a Social Security number; however, the agency may issue a temporary license to otherwise-qualified non-citizens who do not yet have a Social Security number (1) (a) and (b), Fla. Stat. (2012). 18 Insurance Agents, Adjusters, and Public Adjusters: The Department of Financial Services ( DFS ) licenses insurance-related professions, including life, health, and title insurance agents, insurance adjusters, and public adjusters. Florida Statutes require that an applicant for one of these licenses be a United States citizen or legal alien who possesses work authorization from the [USCIS]. 19 When an applicant notes that s/he is not a U.S. citizen, DFS accepts either supporting documents about [the person s] Legal Alien with work authorization 18 Subsection (b) states: If an applicant has not been issued a social security number by the Federal Government at the time of application because the applicant is not a citizen or resident of this country, the department may process the application using a unique personal identification number. If such an applicant is otherwise eligible for licensure, the board, or the department when there is no board, may issue a temporary license to the applicant, which shall expire 30 days after issuance unless a social security number is obtained and submitted in writing to the department. Upon receipt of the applicant s social security number, the department shall issue a new license, which shall expire at the end of the current biennium. 19 See , , , , , , , and , Fla. Stat. (2102). 13

21 status or a valid Social Security card as a satisfactory qualification. 20 College and University Tuition: In-state tuition at Florida s public colleges and universities is available to immigrants with deferred action who can establish Florida residency. 21 Marriage Licenses: Individuals who provide Social Security identification may receive marriage licenses Fla. Stat. (2012). Some licensing remains closed to persons with deferred action, pursuant to specific legislation; for example, only citizens and legal permanent residents may apply for concealed-weapon licenses (2)(a), Fla. Stats. (2012). But numerous state licenses are open to people who have lawful presence with federal authorization to work. In many cases, the Legislature has ordained that noncitizenship should not disqualify an applicant. Mr. Godinez-Samperio has every qualification to be licensed as a Florida lawyer. Only his lack of citizenship appears to stand in his way. He should be admitted to the Bar. 20 A sample letter to applicants, allowing non-citizens to submit either document, was obtained from DFS through a public records request. A copy of that letter is attached as Exhibit Guidelines on Florida Residency for Tuition Purposes (updated Oct. 24, 2012), pp. 6-7, at (last accessed on Apr. 29, 2013). 14

22 V. What is meant by the statement on a Social Security card valid for work only with DHS authorization"? Does the phrase demonstrate that an undocumented immigrant is fully authorized to work in the United States? Or does the phrase indicate that there are matters that might necessitate further consideration by the Department of Homeland Security before the person is completely authorized to engage in employment? The Applicant/Respondent is fully authorized to work in the United States, as evidenced by his Social Security card and the work authorization issued by the Department of Homeland Security. No further action is required. CONCLUSION The Applicant/Respondent, Jose Godinez-Samperio, who has complied with all rules of this Court and of the Board of Bar Examiners and who has lawful presence and work authorization, should be admitted to the Bar without additional delay. Respectfully submitted, Talbot D Alemberte Florida Bar No Patsy Palmer Florida Bar No

23 D Alemberte & Palmer, PLLC Post Office Box Tallahassee, Florida Phone: (850) Attorneys for Respondent 16

24 EXHIBITS Exhibit 1: Department of Homeland Security, Employment Authorization Card Issued to Jose Manual Godinez-Samperio effective December 18, Exhibit 2: Department of Financial Services, AALF Application ID letter, obtained through a public records request on May 14,

25 18

26 19

27 20

28 CERTIFICATES OF FONT SIZE AND SERVICE I hereby certify that this brief has been produced using Times New Roman 14 point font, and that a copy of the foregoing was sent by U.S. Mail on this 17th day of May, 2013, to: Martha W. Barnett Sylvia Walbolt Stephen N. Zack 1901 Miller Landing Road Carlton Fields Boies Schiller & Flexner Tallahassee, FL Post Office Box SE 2nd Street, Tampa, FL Miami, FL The Hon. Kathy Castor Wendi Adelson U.S. Representative College of Law Florida District 11 Florida State University 137 Cannon Building Tallahassee, Florida Washington, DC Amy R. Pedersen Cheryl Little, Esq. Mexican American Legal Defense Lana Chiariello, Esq. and Education Fund Americans for Immigrant Justice th Street, NW 3000 Biscayne Blvd Suite 100 Suite 400 Washington, DC Miami, FL Cecilia M. Olavarria, Esq. Robert Blythe, Esq Blue Lagoon Drive General Counsel Suite 145 Florida Board of Bar Examiners Miami, FL Eider Court Tallahassee, FL James J. Dean Robert J. Telfer III Messer Caparello, P.A. Post Office Box Tallahassee, Florida 32308

29 Talbot D Alemberte Florida Bar No D Alemberte & Palmer, PLLC Post Office Box Tallahassee, Florida (850) dalemberte@dalemberteandpalmer.com