• Federal judge dismisses illegal re-entry case, says law has 'disparate

    From Johnny@21:1/5 to All on Thu Aug 19 17:27:16 2021
    By Adam Shaw
    Published 1 hour ago

    A federal judge in Nevada has dismissed an indictment against an
    immigrant who was charged with illegal re-entry, finding that the law
    is racially motivated and has a "disparate impact on Latinx persons."

    Section 1326 makes it illegal for someone who has been deported or
    denied entry to the U.S. to re-enter, punishable by fines and possible
    jail time. The case in question was against someone charged with
    illegal re-entry who had been found in the country illegally in 2019
    after having been deported multiple times.

    But the judge ruled the law behind the charge of illegal re-entry is
    racially motivated and discriminatory.

    "Because [the defendant] has established that Section 1326 was enacted
    with a discriminatory purpose and that the law has a disparate impact
    on Latinx persons, and the government fails to show that Section 1326
    would have been enacted absent racial animus… the court will grant the motion," the ruling by Judge Miranda Du said.

    The case cited Border Patrol data that over 97% of people apprehended
    at the U.S.-Mexico border in 2000 were of Mexican descent, and 87% in
    2010. The government did not dispute disparate impact, but instead
    attributed it to geography and proportionality – noting that Mexico
    borders the U.S. – as well as the history of Mexican employment issues
    and other factors.

    The government also argued that it makes sense that Mexican citizens
    make up a high percentage of illegal entry defendants "given the
    suggestion that they made up a disproportionately high percentage of
    the overall illegal alien population."

    "The court is not persuaded," Du wrote.


    This judge is nuts! She thinks just like Josh.

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