Also known as:seek admission · seeks admission · sought admission · bar admission · admission to practice
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
bar admission
A formal application to a state bar authority for licensure as an attorney, during which the applicant must disclose all material facts and respond truthfully to character-and-fitness inquiries.
2
Sense 1
1
bar admission
A formal application to a state bar authority for licensure as an attorney, during which the applicant must disclose all material facts and respond truthfully to character-and-fitness inquiries.
Examples3
Bankruptcy Filing During Bar Process
Stella Shapiro filed for bankruptcy to discharge student loans shortly before submitting her bar application. The admissions committee reviewed the filing as part of its character inquiry. The committee determined that the bankruptcy reflected on her responsibility and fitness to practice.
Residency Requirement Challenge
Santiago Sanchez, a licensed attorney from another state, applied for admission in a state that required one year of residency. He challenged the rule as violating the Privileges and Immunities Clause. The court struck down the requirement because it lacked substantial justification beyond speculation about nonresidents.
Sense 2
2
in immigration law
The status of a non-citizen who is attempting to enter the United States lawfully after inspection and authorization by an immigration officer. Non-citizens are deemed applicants for admission both when arriving at a port of entry and when present in the United States without prior lawful admission.
Examples3
School Enrollment for Undocumented Children
Simon Stern, an undocumented child, sought admission to public schools in a Texas district that denied enrollment based on immigration status. The district claimed the policy conserved resources. The Supreme Court held that the classification violated equal protection because illegal entry alone does not bar residency for school purposes.
The status of a non-citizen who is attempting to enter the United States lawfully after inspection and authorization by an immigration officer. Non-citizens are deemed applicants for admission both when arriving at a port of entry and when present in the United States without prior lawful admission.
Each sense below has its own examples, sources, and questions.
Reciprocal Admission Barrier
Sasha Stone sought reciprocal admission in a neighboring state that imposed extra residency hurdles on nonresidents. She argued the barriers infringed her right to practice law. The court invalidated the requirements under the Privileges and Immunities Clause for lacking substantial justification.
Frequently Asked3
What conduct must an applicant disclose when seeking admission to the bar?+
An applicant must respond truthfully and completely to lawful demands for information from admissions authorities. Failure to respond to inquiries about prior investigations or discipline constitutes knowing noncooperation even without an affirmative lie.
Does a false answer about prior professional discipline subject an applicant to later discipline if admitted?+
Yes. A knowing false statement of material fact on a bar application about prior discipline in another profession violates the duty of candor and can serve as an independent basis for discipline after admission.
May a lawyer providing a recommendation for an applicant make statements that omit known prior discipline?+
No. A lawyer who knows of prior discipline and submits a letter describing the applicant as having an unblemished record makes a knowing false statement of material fact in connection with the admission application.
Plyler v. Doe457 U.S. 202, 231 (1982)
State Immigration Enforcement Limits
Steven Silva, a non-citizen present without admission, faced state criminal penalties for failing to carry registration documents. Arizona argued the law supported federal enforcement. The Supreme Court held that the state provision was preempted because it interfered with the federal scheme governing admission and removal.
Arizona v. United States567 U.S. 387 (2012)
Travel Ban and Entry Screening
Seth Shapiro, a national from a designated country, applied for a visa and sought admission at a port of entry. The executive order suspended entry from certain countries on national security grounds. The Supreme Court upheld the order as within the President's authority over admission of non-citizens.
Trump v. Hawaii138 S. Ct. 2392 (2018)
Frequently Asked1
When are non-citizens considered applicants for admission under the INA?+
Non-citizens are deemed applicants for admission both when they arrive at a port of entry and when they are present in the United States without having been lawfully admitted after inspection and authorization.
457 U.S. 202 (1982)Constitutional Law
…undocumented children established criteria for determining residence as they are to apply those criteria to any other child who seeks admission. [23] Although the State has no direct interest in controlling entry into this country, that interest being one reserved by the Constitution to the Federal Government, unchecked unlawful…