Posted on 08/19/2021 4:52:58 AM PDT by karpov
A federal judge in Nevada has declared unconstitutional a longstanding statute that makes it a crime to return to the United States after deportation, calling the law racist and discriminatory against “Mexican and Latinx individuals.”
“The record before the Court reflects that at no point has Congress confronted the racist, nativist roots of Section 1326,” U.S. District Judge Miranda Du wrote in a ruling issued Wednesday.
Her order dismissed a case against a man named Gustavo Carrillo-Lopez, who was indicted during the Trump administration.
“It is the first ruling of its kind,” said Assistant Federal Public Defender Lauren Gorman, who argued for the dismissal. “Equal protection challenges have been made to the statute before, but this was the first ruling finding it unconstitutional.”
Carrillo-Lopez was discovered in the U.S. in the summer of 2019 after having been deported in March 1999 and again in February 2012, according to his indictment.
Under Section 1326 of the Immigration and Nationality Act, according to U.S. Code, entry into the U.S. is illegal for anyone who has been denied admission, deported or removed.
“The amendments to Section 1326 over the past ninety years have not changed its function but have simply made the provision more punitive and broadened its reach,” Du wrote.
Veteran attorney Franny Forsman applauded Gorman’s efforts to challenge the law.
“She tackled the issue at its heart, pointing out what this statute is all about,” Forsman said. “I’m just so proud.”
Forsman has been in Gorman’s shoes. She served for more than two decades as Nevada’s federal public defender before retiring in 2011. In that role, Forsman said, she saw hundreds if not thousands of Section 1326 cases.
She described the judge’s ruling as “thoughtful and thorough.”
(Excerpt) Read more at reviewjournal.com ...
And gee, I wonder if she was a Bush or Clinton or Obama appointee?
Let me guess... Disparate impact. Ergo it’s racism. Another CRT shithead.
Obola was NOT eligible to be President to nominate this
antiAmerican blackrobe thug.
NOT ELIGIBLE except supported by Pelosi and the GOP.
If you say it’s not racist then obviously you’re a racist.
She’s an Obama appointee.
Another black-robed, leftist asshat who would benefit greatly from a good, old fashioned tar -n- feathering.
So if I am kicked out of a bar and go back in. Just to be arrested if I go back in. If I happen to be a minority. I can have charges dropped due to racism. Who knew.
obozo
So if a minority burglarizes a home and the police arrest them and force them to leave, its racist to arrest them if they break into the same house again?
pretty much- unless the law explicitly states that it only applies to mexicans or latinos and not other groups crossing the same border, it can hardly be construed as racist.
Impeach, disbar and deport.
Another woke judge that doesn’t understand law. There’s apparently thousands of them in the US.
Calling them “Latinx” is racist. You’re basically calling them genderless, i.e. subhuman.
So many domestic enemies dedicated to the destruction of this country. I’m not confident a higher court will overturn this pathetic “judge’s” ruling.
Another Obama judge that thinks she can supplant the legislature. This will be overturned on the first appeal and hopefully the appeals court writes an opinion that totally embarrasses this judicial tyrant.
Will be overturned on appeal, but the Biden Justice Department likely won’t appeal it.
This judgde should be impaled…not impeached!
Singular example of “Legislating from the Bench”, the reasoning in the decision is explicit judicial activism.
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