Court says charging previously deported individuals for again illegally crossing the US border is racist, illegal
An Obama-appointee federal judge has ruled that the government’s prosecution of illegal immigrants who have previously been deported and return to the US (which is a felony under 8 U.S.C. § 1326) is both illegal itself under the Fifth Amendment’s equal protection clause and racist against “Latinx” persons.
The federal law that criminalizes illegal reentry to the United States is unconstitutional because it is “racist” against “Latinx” illegal aliens, a federal judge ruled on Wednesday.
Judge Miranda Du, appointed by former President Obama in 2012, ruled in favor of a previously deported illegal alien from Mexico, Gustavo Carrillo-Lopez, who filed a motion to dismiss an indictment against him for illegal reentry, claiming it is discriminatory.
Specifically, Carrillo-Lopez argued that Section 1326 of the Immigration and Nationality Act (INA) has racist origins and is therefore in violation of the equal protection guarantee of the Fifth Amendment.
Du granted Carrillo-Lopez’s motion and ruled that the law criminalizing illegal reentry is unconstitutional because she claims it is “racist” against “Latinx” illegal aliens, though she admits there is “no publicly available data” showing federal prosecutors target Hispanic illegal aliens over illegal aliens from other regions of the world.
Du writes:
Because Carrillo-Lopez has established that Section 1326 was enacted with a discriminatory purpose and that the law has a disparate impact on Latinx persons, and the government fails to show that Section 1326 would have been enacted absent racial animus—and as further discussed below—the Court will grant the Motion. [Emphasis added]
…
Because Carrillo-Lopez has demonstrated that Section 1326 disparately impacts Latinx people and that the statute was motivated, at least in part, by discriminatory intent, the Court finds that he has. Finally, the Court reviews whether the government has shown that Section 1326 would have been enacted absent discriminatory intent. Because the government fails to so demonstrate, the Court finds its burden has not been met and that, consequently, Section 1326 violates the Equal Protection Clause of the Fifth Amendment. [Emphasis added]
…
Carrillo-Lopez argues, convincingly, that Section 1326 disparately impacts Mexican and Latinx defendants. While no publicly available data exists as to the national origin of those prosecuted under Section 1326, over 97% of persons apprehended at the border in 2000 were of Mexican decent, 86% in 2005, and 87% in 2010. [Emphasis added]
We live in some really strange times.
Category: "Teh Stoopid", "The Floggings Will Continue Until Morale Improves", Illegal Immigrants, Liberals suck
So if I commit a felony, go to jail, do my time, I can commit the same felony again with no repercussions or penalties? Where’s the logic in that????
not at all, doesn’t apply to you, you ignorant deplorable savage.
Such rulings apply only to enlightened voters and supporters.
Sweet BeJeezus, that says to me that any brainwashed ideologue can graduate from Law School and get a Seat as long as they’re connected enough.
since forever
Bullsh^t! A person should be prosecuted each and every time they break the law.
“We have set out to fundamentally change the face of America.” How’s that “hope and change” working out for us?
We can only hope that there is an America left after all of this “change”.
Judge is incompetent, unsurprisingly, and incorrect. The law cannot be racist, because ANYONE who violates it gets hammered. No verbiage in the law specifies hispanicals at all. Will be overturned on appeal.
BTW, Hispanic is not a race. It is an ethnic group. Thus it cannot be a racist law even if it targets them. Most of the people who violate the law are indeed hispanic, but that is their problem.
There you go…confusing the issue with facts.
Unbelievable. Black is white, up is down, and the federal courts are a bad joke.
Simple solution. Make sure those that are deported, cannot re-enter the US illegally.
BRING UP THE TREBOCHET!
Any questions?
This would have been his third deportation, the first being March 1, 1999 and then again on February 28, 2012.
Nothing found on the 3rd filing (June 25, 2020) for deportation lists any of his prior arrests, however they DO list his assortment of assumed identities:
“Ismael Lopez”, “Frigado Faldez”, “Fraco Carrillo”, “Gustavo Faldez”, “Gustavo Frederico”, “Gustavo Valdez” and “Antonio Valdivia”.
I wonder whos SSN he has been using with all those aliases?
She’s a federal judge refusing to enforce federal law. Sounds like an impeachable offense to me. Time for the Senate to Stand up and do it’s duty.
HA! Are you touring or do you just do comedy here on your free time?
Stand-up comedy?
(In any gunshop or “sporting goods” store)
“Do you have primers?”
Was the miranda rights written by you miranda and if so, DU take a long walk of a short pier and I DU mean it and hopefully you will DU it soon, and DU I make myself Lima Charley.
This is why I paint all my unregistered homemade machine guns and suppressors light brown, feed them tapatio and Modelo. Yeah, if caught it’s a felony but after that good-to-go.
Am I doing it right, “Judge” Miranda Du?