US Judge in Nevada: Felony Deportation Law Unconstitutional


LAS VEGAS (AP) — 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.

“Anybody who works in federal courts knows the statute,” Franny Forsman, retired longtime chief of the Federal Public Defender’s Office in Nevada, said Thursday. “There really are a large number of cases that have been brought over the years under that section. They’re mostly public defender cases.”

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.

Forsman said she expected the government will appeal to the 9th U.S. Circuit Court of Appeals in San Francisco.

But Julian Castro, secretary of Housing and Urban Development in the Biden Administration, tweeted that he doubted the Justice Department would want to defend a law with “an incredibly racist history.”

Acting U.S. Attorney Christopher Chiou and an aide did not immediately respond to messages about the ruling.

Forsman called Du’s order groundbreaking for its thoroughness. Du, a Vietnamese immigrant, was nominated to the federal bench by President Barack Obama and sworn in in 2012.

“I think it will have implications because it’s going to be difficult to get around her reasoning,” Forsman said of the court order. “It’s a little hard to get around a statute that was called the ‘Wetback Act’ by the people enacting it.” The derogatory term often refers to Mexican migrants who have entered the country illegally, but it’s also used to disparage all Hispanics.

Du said she considered written and oral arguments and expert testimony about the legislative history of the law from professors Benjamin Gonzalez O’Brien of San Diego State University and Kelly Lytle Hernández of the University of California, Los Angeles.

“Importantly, the government does not dispute that Section 1326 bears more heavily on Mexican and Latinx individuals,” the judge said in her 43-page order dismissing the June 2020 criminal indictment of Gustavo Carrillo-Lopez.

Carrillo-Lopez was arrested in Nevada in 2019 after having been deported in 1999 and again in 2012, according to prosecutors. His federal public defender, Lauren Gorman in Reno, did not immediately respond Thursday to an email.

The judge said she saw no publicly available data about the national origin of people prosecuted under Section 1326, but cited U.S. Border Patrol statistics showing that more than 97% of people apprehended at the border in 2000 were of Mexican decent, 86% in 2005, and 87% in 2010.

“The government argues that the stated impact is ‘a product of geography, not discrimination,’ and that the statistics are rather a feature of Mexico’s proximity to the United States, the history of Mexican employment patterns and the socio-political and economic factors that drive migration,” Du wrote. “The court is not persuaded.”

No comments

Thank you for reaching out to us. We are happy to receive your opinion and request. If you need advert or sponsored post, We’re excited you’re considering advertising or sponsoring a post on our blog. Your support is what keeps us going. With the current trend, it’s very obvious content marketing is the way to go. Banner advertising and trying to get customers through Google Adwords may get you customers but it has been proven beyond doubt that Content Marketing has more lasting benefits.
We offer majorly two types of advertising:
1. Sponsored Posts: If you are really interested in publishing a sponsored post or a press release, video content, advertorial or any other kind of sponsored post, then you are at the right place.
Generally, a sponsored post can be any of the following:
Press release
Video content
This kind of post is usually written to promote you or your business. However, we do prefer posts that naturally flow with the site’s general content. This means we can also promote artists, songs, cosmetic products and things that you love of all products or services.
Every sponsored article will remain live on the site as long as this website exists. The duration is indefinite! Again, we will share your post on our social media channels and our email subscribers too will get to read your article. You’re exposing your article to our: Twitter followers, Facebook fans and other social networks.

We will also try as much as possible to optimize your post for search engines as well.

Submission of Materials : Sponsored post should be well written in English language and all materials must be delivered via electronic medium. All sponsored posts must be delivered via electronic version, either on disk or e-mail on Microsoft Word unless otherwise noted.
The price largely depends on if you’re writing the content or we’re to do that. But if your are writing the content, it is $60 per article.

2. Banner Advertising: We also offer banner advertising in various sizes and of course, our prices are flexible. you may choose to for the weekly rate or simply buy your desired number of impressions.

Technical Details And Pricing
Banner Size 300 X 250 pixels : Appears on the home page and below all pages on the site.
Banner Size 728 X 90 pixels: Appears on the top right Corner of the homepage and all pages on the site.
Large rectangle Banner Size (336x280) : Appears on the home page and below all pages on the site.
Small square (200x200) : Appears on the right side of the home page and all pages on the site.
Half page (300x600) : Appears on the right side of the home page and all pages on the site.
Portrait (300x1050) : Appears on the right side of the home page and all pages on the site.
Billboard (970x250) : Appears on the home page.

Submission of Materials : Banner ads can be in jpeg, jpg and gif format. All materials must be deliverd via electronic medium. All ads must be delivered via electronic version, either on disk or e-mail in the ordered pixel dimensions unless otherwise noted.
For advertising offers, send an email with your name,company, website, country and advert or sponsored post you want to appear on our website to omodjk(at)gmail(dot)com

Normally, we should respond within 48 hours.