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US judge in Nevada: Felony deportation law unconstitutional
The Associated Press ^ | August 20, 2021 | By KEN RITTER

Posted on 08/20/2021 3:36:57 AM PDT by Oldeconomybuyer

LAS VEGAS — In a court ruling with potentially broad implications for U.S. immigration cases, a federal judge in Nevada found that a criminal law that dates to 1929 and makes it a felony for a person who has been deported to return to the United States is unconstitutional.

U.S. District Judge Miranda Du in Reno, in an order issued Wednesday, found the law widely known as Section 1326 is based on “racist, nativist roots” and discriminates against Mexican and Latinx people in violation of the equal protection clause of the Fifth Amendment.

Section 1326 of the Immigration and Nationality Act makes it a crime for a person to enter the U.S. if they have been denied admission, deported or removed. It was enacted in 1952 using language from the Undesirable Aliens Act passed by Congress in 1929. Penalties were stiffened five times between 1988 and 1996 to increase its deterrent value.

(Excerpt) Read more at apnews.com ...


TOPICS: Constitution/Conservatism; Foreign Affairs; News/Current Events; Politics/Elections
KEYWORDS: 59to39; aliens; border; clownbammyjudge; crime; democratpuppet; deportation; dnevada; harryreidpuppet; illegalaliens; invasion; mirandadu; nevada; obamajudge; odiousbamajudge
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To: Oldeconomybuyer
felony for a person who has been deported to return to the United States

Return, or return legally? There is a difference, after all.

21 posted on 08/20/2021 6:20:05 AM PDT by Bernard (The very best scientific articles always contain this phrase: “My personal intuition has been…”)
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To: Oldeconomybuyer

Another racist on the bench


22 posted on 08/20/2021 6:36:40 AM PDT by School of Rational Thought
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To: ealgeone
Not sure how the Constitution applies to non US ciitizens.

It does because nothing in the constitution says that it applies only to US citizens.

Having said that there is nothing unconstitutional about 8 USC 1326. The judge is an idiot.

23 posted on 08/20/2021 6:41:52 AM PDT by usurper ( version )
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To: BobL

I should have added an /S

I fully expect the Biden DOJ to never bother appealing this travesty. Why would they?


24 posted on 08/20/2021 6:57:46 AM PDT by phoneman08 (qwiyrqweopigradfdz oncm,.dadfjl,dz )
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To: Oldeconomybuyer

U.S. District Judge Miranda Du in Reno, in an order issued Wednesday, found the law widely known as Section 1326 is based on “racist, nativist roots” and discriminates against Mexican and Latinx people in violation of the equal protection clause of the Fifth Amendment

Honestly getting sick of female judges, no matter who appoints them. Vast majority of them are over emotional idiots!


25 posted on 08/20/2021 7:14:05 AM PDT by The MAGA-Deplorian (Democrats are lawless because Republicans are ball-less)
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To: Flavious_Maximus

You speak the truth that most do not want to hear.

Reagan’s statement that we’re only one generation from losing our freedoms is more true than ever.


26 posted on 08/20/2021 7:16:59 AM PDT by lodi90
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To: Oldeconomybuyer

Miranda Du is just another Barack Obama stooge!


27 posted on 08/20/2021 8:14:39 AM PDT by maxwellsmart_agent
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To: Oldeconomybuyer

“...Section 1326 is based on “racist, nativist roots” and discriminates against Mexican and Latinx people”


So laws a judge believes to be based on ‘racist, nativist roots’ are unconstitutional, and if an identifiable group tends to break such a law in disproportionate numbers, why that’s unconstitutional as well. There go the laws against murder, since one identifiable group commits more than half the murders.


28 posted on 08/20/2021 8:19:33 AM PDT by hanamizu
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To: Oldeconomybuyer
This one is a REAL piece of work.

One of Harry Reid's masterpieces.

29 posted on 08/20/2021 8:51:37 AM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: ealgeone
Not sure how the Constitution applies to non US citizens.

The US Constitution uses aliens to distinguish from citizens of the US. The US Senate found McCain's parents were US citizens at the time of his birth, so he was eligible for the Office of US President.

In the case of Harris, neither of her parents were US citizens at the time of her birth, so she is ineligible to serve as President.

30 posted on 08/20/2021 9:25:22 AM PDT by RideForever (Know Islam, No Peace; Know Peace, No Islam)
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To: Oldeconomybuyer

Just Damn.😖


31 posted on 08/20/2021 12:50:23 PM PDT by BiteYourSelf ( Earth first we'll strip mine the other planets later.)
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To: Oldeconomybuyer

U.S. District Judge Miranda Du in Reno, in an order issued Wednesday, found the law widely known as Section 1326 is based on “racist, nativist roots” and discriminates against Mexican and Latinx people in violation of the equal protection clause of the Fifth Amendment.


Well that’s silly.


32 posted on 08/20/2021 8:04:53 PM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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