(FiveNation.com)- In a ruling that could have a catastrophic impact on US immigration cases, a federal judge in Nevada found unconstitutional a law that makes it a felony for a previously-deported individual to illegally return to the United States.
In an order issued on Wednesday, US District Judge Miranda Du found that the law known as Section 1326 is based on “racist, nativist roots.” Du ruled that the law discriminates against “Mexicans and Latinx” in violation of the equal protection clause of the Constitution.
A judge using the made up word “Latinx” in a federal ruling should be viewed as a great big red flag.
The statute of the Immigration and Nationality Act makes it a crime for a person to enter the US if that person was previously denied admission, deported or removed. Section 1326 was enacted in 1952 using language from the 1929 Undesirable Aliens Act. Between 1988 and 1996 penalties were stiffened five times in order to increase its deterrent value.
The US government may still appeal the decision to the 9th Circuit Court of Appeals. Though open border activists, including former Obama HUD director Julian Castro, suggest that the Biden Justice Department won’t want to defend a law with “an incredibly racist history.”
Du, an Obama appointee, is being praised for what open border activists call a “groundbreaking” decision.
Du’s decision was based on “the history of the law” rather than its current use. Du believed that because Section 1326 was referred to as “The Wetback Act” sixty years ago, the law is therefore disparaging to “Latinx.” Since the government concedes that the law is most frequently used against “Mexican and Latinx individuals,” Du decided that it is discriminatory.
Sure. It isn’t because the US shares a border with Mexico and “Mexican and Latinx individuals” are the ones most frequently crossing it illegally. Nope not at all.
Du’s ruling that the law is unconstitutional came as part of her dismissal of a June 2020 criminal indictment against Gustavo Carrillo-Lopez, an illegal alien arrested in Nevada in 2019 after having been deported in both 1999 and 2012.