Tuesday, October 26, 2021

HomeObama-Appointed Judge: Prosecuting Formerly Deported Illegal Aliens for Re-Entry Is 'Racist,' Unconstitutional

Obama-Appointed Judge: Prosecuting Formerly Deported Illegal Aliens for Re-Entry Is 'Racist,' Unconstitutional


Meanwhile, the out-of-control Crazy Train continues to hurtle down the tracks.

The federal law that criminalizes illegal re-entry to the United States is “unconstitutional” because it is “racist” against “Latinx” illegal aliens. So ruled a federal judge on Wednesday.

Incidentally, a progressive Latino pollster recently found that 98 percent of Latinos —”Hispanic” more accurately describes the majority of illegal aliens — don’t identify with the silly, concocted “Latinx” label.

The Specifics

As reported by Breitbart, Judge Miranda Du, appointed by former President Obama in 2012 — and there we go — 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 re-entry, claiming such prosecution is discriminatory.

Specifically, Carrillo-Lopez argued that Section 1326 of the Immigration and Nationality Act (INA) has racist origins [of course it does] and is therefore in violation of the equal protection guarantee of the Fifth Amendment. [Uh-huh.]

Du granted Carrillo-Lopez’s motion and ruled that the law criminalizing illegal re-entry [operative word being illegal] 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.

[Why let facts get in the way of political predisposition?]

It Gets Crazier

Du’s written explanation of her ruling is crazy train stuff. Excerpts, via Breitbart. (Emphasis, mine.)

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 [this is insane], 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.

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.

I’m not an attorney nor do I play one on TV, but how can the federal government demonstrate that Section 1326 could have been enacted absent discriminatory intent if the vast majority of illegal aliens — including an even higher percentage of those who continue to re-enter the country after having been deported — are, in fact, so-called “Latinx”?

The judge then admits that no “publicly available data” exists to support her ruling.

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 [sic], 86% in 2005, and 87% in 2010.

Let’s try this one more time, judge. Do you think maybe “over 97 percent of persons apprehended at the border” are of Hispanic descent because over 97 percent of illegal aliens who illegally re-enter the U.S. are of… wait for it… Hispanic descent? Shot in the dark, your honor — whaddya think? [rolling-eyes emoji]

What Happens Now?

As noted by Breitbart, the case could go before the Court of Appeals for the Ninth Circuit, but only if Joe Biden’s Department of Justice appeals Du’s ruling — the chances of which are somewhere between zero and minus-ten. If not, Republican attorneys general would have to intervene in the case to ensure it is appealed in court.

Either way, assuming the case is ultimately appealed and the Ninth Circuit affirms Du’s ruling (count on it), the case would have to be taken up by the U.S. Supreme Court on appeal. Given the Court’s recent controversial rulings — all of which have included one or more of Trump-nominated justices voting in the majority — all bets are off.

Then again, we can’t just go about prosecuting illegal aliens willy-nilly who re-enter the country after Mumbles™ Joe has spent all that taxpayer money on one-way (northbound) people movers along the border, welcoming mariachi bands, and piñatas for the kiddies, now, can we?

Incidentally, the latest data from the Justice Department show that in Fiscal Year 2019, nearly 25,000 previously deported illegal aliens were prosecuted for illegally re-entering the country.

Speaking of the Crazy Train, here are a few of our recent articles about the train’s engineer:

Reporters Make Observations About Joe Biden That Should Concern Everyone

Biden Makes False Claims About Control at the Kabul Airport, Even CNN Calls Him Out

Biden Combative and Delusional in First Interview on Afghanistan With Stephanopoulos




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