{"id":116558,"date":"2021-08-19T11:42:09","date_gmt":"2021-08-19T15:42:09","guid":{"rendered":"https:\/\/valorguardians.com\/blog\/?p=116558"},"modified":"2021-08-19T11:42:09","modified_gmt":"2021-08-19T15:42:09","slug":"court-says-charging-previously-deported-individuals-for-again-illegally-crossing-the-us-border-is-racist-illegal","status":"publish","type":"post","link":"https:\/\/www.azuse.cloud\/?p=116558","title":{"rendered":"Court says charging previously deported individuals for again illegally crossing the US border is racist, illegal"},"content":{"rendered":"

\"\"<\/a><\/p>\n

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. \u00a7 1326) is both illegal itself under the Fifth Amendment’s equal protection clause and racist against “Latinx” persons.<\/p>\n

Breitbart reports<\/a>;<\/p>\n

The federal law that criminalizes illegal reentry to the United States is unconstitutional because it is \u201cracist\u201d against \u201cLatinx\u201d illegal aliens, a federal judge ruled on Wednesday.<\/p>\n

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.<\/p>\n

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.<\/p>\n

Du granted Carrillo-Lopez\u2019s motion and ruled that the law criminalizing illegal reentry is unconstitutional because she claims it is \u201cracist\u201d against \u201cLatinx\u201d illegal aliens, though she admits there is \u201cno publicly available data\u201d showing federal prosecutors target Hispanic illegal aliens over illegal aliens from other regions of the world.<\/p>\n

Du writes:<\/p>\n

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<\/strong>, and the government fails to show that Section 1326 would have been enacted absent racial animus\u2014and as further discussed below\u2014the Court will grant the Motion<\/strong>. [Emphasis added]<\/p>\n

\u2026<\/p>\n

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<\/strong>, 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,\u00a0the Court finds its burden has not been met and that, consequently, Section 1326 violates the Equal Protection Clause of the Fifth Amendment<\/strong>. [Emphasis added]<\/p>\n

\u2026<\/p>\n

Carrillo-Lopez argues, convincingly, that Section 1326 disparately impacts Mexican and Latinx defendants.\u00a0While 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<\/strong>, 86% in 2005, and 87% in 2010. [Emphasis added]<\/p><\/blockquote>\n<\/blockquote>\n

We live in some really strange times.<\/p>\n","protected":false},"excerpt":{"rendered":"

An Obama-appointee federal judge has ruled that the government’s prosecution of illegal immigrants who have previously … Court says charging previously deported individuals for again illegally crossing the US border is racist, illegal<\/span>Read more<\/a><\/p>\n","protected":false},"author":664,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[209,220,20,47],"tags":[],"class_list":["post-116558","post","type-post","status-publish","format-standard","hentry","category-teh-stoopid","category-the-floggings-will-continue-until-morale-improves","category-illegal-immigrants","category-liberals-suck"],"_links":{"self":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/116558","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/users\/664"}],"replies":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=116558"}],"version-history":[{"count":1,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/116558\/revisions"}],"predecessor-version":[{"id":116559,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/116558\/revisions\/116559"}],"wp:attachment":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=116558"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=116558"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=116558"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}