Obama Appointed Judge Declares Immigration Provision Unconstitutional Because of Impact on ‘Latinx’ People

The foundations of an immigration law provision are currently being debated in federal courts to determine if it is racist. The Washington Examiner reports that a federal judge in Nevada has declared Section 1326, which makes it a crime to return to the United States after being deported, unconstitutional.

The case was appealed by the Department of Justice and is being sent to the 9th Circuit Court of Appeals.

Judge Miranda Du delivered the initial judgment in August, an Obama appointee.

The statute was established with racial and discriminatory undertones towards Latinos, thereby violating the Equal Protection Clause. Du claimed, “The law has a disparate impact on Latinx persons, and the government fails to show that [the statute] would have been enacted absent racial animus.”

In its appeal, the Department of Justice argued that Du was ignoring “the obvious alternative explanation that [the number of Latinos] are attributable to geography and the high percentage of such individuals among the population of noncitizens unlawfully in the United States.”

Illegal reentry is punishable by a fine and up to two years in federal prison under current US law. Those convicted of felonies or three or more violent or drug-related misdemeanors may face worse penalties.

Freeman Halle of the Law Journal for Social Justice, said “Assuming that the 9th Circuit accepts the equal protection argument, the case would face long odds in the Supreme Court. While Judge Du’s opinion is inviting some much-needed introspection on the topic of US immigration policy, lasting relief for [Section 1326], defendants will likely require legislative action.”

Co-director of the Immigration Law and Policy Center at UCLA School of Law, Ahilan Arulanantham, told the Washington Times:

“If we are trying to uproot systemic racism, that means we have to consciously understand what motivated a law’s original enactment, and then make the conscious decision whether we want to change it or whether we want to continue it.”

This case comes as President Joe Biden and so-called border czar Vice President Kamala Harris continue to fail at keeping illegal crossings at the southern border under control. The administration’s mishandling of the border has resulted in rumors of White House disputes over how to manage the situation and historically poor approval ratings.

After stopping construction of the Trump-era wall along the southern border of the United States, the administration recently permitted border authorities to resume work on unfinished wall sections.

  1. Immigrants that came here legally, are not too thrilled with immigrants walking in and making themselves at home. So now we can’t even deport CRIMINALS?? Seems the corrupt system is looking more for cheap labor AND votes.

  2. I’m very surprised a siting judge in discussing racial injustice would use a manufactured derogatory term as Latinx in an opinion. As long as Section 1326 applies equally without bias to all deported people who reenter the U.S., how can it be called discriminatory? The only reason it more strongly affects a certain minority is that larger numbers of them break that law. The justice system has no power over that.

  3. this adiministration want to replace native Americans with 3rd world americans so they can have voted in their authoritarian rule on the new illegal americans. They are replacing Native Americans with illegals and then make them the new Americans. This is a travesty of justice to every Legal American Citizen and is an assault on our freedom and Constitutioin and Legislative Laws that protect Native Americans. How disgusting and illegal this rouge administration is. 🤢🤮

  4. First; Latino is not a “race.”
    Second: If this judge’s opinion is allowed to stand, it will create a precedent that reaches beyond illegal immigration.
    In the USA, Black people make up 13% of the U.S. population, they were 33% of persons arrested for non-fatal violent crime (NVC), which includes rape, robbery, aggravated assault, and other assaults. Black people were 36% of those arrested for serious non-fatal violent crimes (SNVC), including rape, robbery, and aggravated assault.

    Similarly, Hispanics make up 18% of the US population and were 21% of those arrested for serious non-fatal violent crimes. Whites, who are 60% of the population, were 46% of persons arrested for non-fatal violent crimes, and 39% of those arrested for serious non-fatal violent crimes. (Source: OJP.gov (Report II NCJ 255969)

    According to the FBI, African-Americans accounted for 55.9% of all homicide offenders in 2019, with whites 41.1%

    Therefore, under the judge’s legal argument or racism, any repeat offender enhanced sentencing, any state 3 – strike rule, would impact a greater percentage of blacks because as a ratio of population, blacks commit far higher numbers of violent crime and would are greatly impacted by recidivist sentencing.

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