At the same time, the crazy train that was out of control continued to gallop on the track.
The federal law criminalizing illegal re-entry into the United States is “unconstitutional” because it is “racism” against “Latino” illegal aliens. On Wednesday, a federal judge ruled in this way.
Du: “Article 1326 has different effects on Latinos.”
Well, this may be because the vast majority of illegal immigrants are “Latinos,” the judge? pic.twitter.com/F61mdLxjoi
-Take my Dr. Beer, BfD (@RealLibSmacker) August 19, 2021
By the way, a Progressive Latino Poll Expert Recently discovered 98% Latinos-“Hispanic” more accurately describes most illegal aliens-don’t agree with the stupid, concocted label of “Latino”.
detail
As Report Breitbart Judge Miranda Du was appointed by former President Obama in 2012- and We walked -The ruling favors Gustavo Carrillo-Lopez, an illegal alien who was previously deported from Mexico, who moved to dismiss the prosecution for his illegal reentry, claiming that such prosecution was discriminatory sex.
Specifically, Carrillo-Lopez believes that Article 1326 of the Immigration and Nationality Act (INA) has racist origins [of course it does] Therefore, it violates the equal protection guarantee of the Fifth Amendment. [Uh-huh.]
Du approved Carrillo-Lopez’s motion and ruled that the law criminalized it Illegal re-entry [operative word being illegal] It is unconstitutional because she claims it is “racism” against illegal aliens of “Latino”, although she admits that “no public data” shows that federal prosecutors target illegal aliens of Hispanic origin rather than illegal foreigners from other parts of the world people.
[Why let facts get in the way of political predisposition?]
It becomes crazier
Du’s written explanation of her ruling was a crazy train. Excerpt, via Brightbart. (Key point, mine.)
Because of Carrillo Lopez Determine that the formulation of Article 1326 has a discriminatory purpose Then The law has different effects on Latinos [this is insane], and The government failed to prove that Section 1326 would be promulgated without racial hatred-As discussed further below-the court will approve the motion.
Because of Carrillo Lopez Proving that Section 1326 had a different effect on Latinos, and that the statute was at least partly out of discriminatory intent, the court found that he did.
at last, The court reviewed whether the government had indicated that Section 1326 would be promulgated without discriminatory intent.As the government failed to prove this, the court found that its burden was not fulfilled therefore, Article 1326 violates the equal protection clause of the Fifth Amendment.
I am not a lawyer, nor will I act as a lawyer on TV, but if the vast majority of illegal immigrants, including a higher percentage of illegal immigrants, how can the federal government prove that Article 1326 could have been enacted without discriminatory intent? -Entering the country after being deported-is it actually a so-called “Latino”?
The judge then admit There is no “public data” to support her ruling.
Carrillo-Lopez convincingly argued that section 1326 has very different effects on Mexican and Latino defendants.although There is no publicly available data on the nationality of persons prosecuted under Article 1326, More than 97% of those arrested at the border in 2000 were Mexicans [sic]It was 86% in 2005 and 87% in 2010.
Let’s try again and judge.Do you think “more than 97% of people arrested at the border” are Hispanic Because more than 97% of illegal immigrants who re-enter the United States illegally belong to… etc… Hispanic? Shooting in the dark, your honor-what do you think? [rolling-eyes emoji]
It is hard to believe that officials across the United States believe in protecting illegal aliens who commit crimes and violence from arrest, prosecution, and deportation.
However, there are many more whose policies endanger the lives and livelihoods of many Americans. https://t.co/6OzwthipG1
-Representative Andy Biggs (@RepAndyBiggsAZ) October 7, 2020
What happened now?
As Breitbart pointed out, the case can be submitted to the Ninth Circuit Court of Appeals, but only if Joe Biden’s Department of Justice appeals to Du’s decision-the probability is between zero and minus ten. If not, the Republican Attorney General will have to intervene in the case to ensure that an appeal is filed in court.
Either way, assuming the case is finally appealed and the Ninth Circuit affirms Du’s ruling (and counts on it), the case will have to be heard by the U.S. Supreme Court on appeal. In view of the court’s recent controversial rulings—all of which included a majority vote by one or more Trump-nominated justices—all the bets are gone.
Again, we cannot prosecute illegal foreigners at will, they will re-enter the country afterwards Grumbling™ Joe has spent all the taxpayer’s money on the one-way (northbound) sidewalk along the border, welcomes Mariachi and prepared piñatas for the kids, now, can we?
Since Joe Biden took office, more than 1 million illegal foreigners have crossed the border. pic.twitter.com/1YA8DW2PNI
-Senator Ted Cruz (@SenTedCruz) August 12, 2021
By the way, The latest data Data from the Ministry of Justice shows that in fiscal year 2019, nearly 25,000 illegal foreigners who were previously deported were prosecuted for illegally re-entering the country.
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