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 ...
Return, or return legally? There is a difference, after all.
Another racist on the bench
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.
I should have added an /S
I fully expect the Biden DOJ to never bother appealing this travesty. Why would they?
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!
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.
Miranda Du is just another Barack Obama stooge!
“...Section 1326 is based on “racist, nativist roots” and discriminates against Mexican and Latinx people”
One of Harry Reid's masterpieces.
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.
Just Damn.😖
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.
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