Federal judge rules felony deportation law is unconstitutional

Sunday, August 22, 2021 | Tag Cloud Tags: , , , , ,

(Worthy News) – In a court ruling with potentially broad implications for U.S. immigration cases, a federal judge in 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 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.

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 in 1929. Penalties were stiffened five times between 1988 and 1996 to increase its deterrent value. [ Source (Read More…) ]

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