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US judge in Nevada: Felony deportation law unconstitutional
The Associated Press ^ | August 20, 2021 | By KEN RITTER

Posted on 08/20/2021 3:36:57 AM PDT by Oldeconomybuyer

LAS VEGAS — In a court ruling with potentially broad implications for U.S. immigration cases, a federal judge in Nevada 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 United States 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 Congress in 1929. Penalties were stiffened five times between 1988 and 1996 to increase its deterrent value.

(Excerpt) Read more at apnews.com ...


TOPICS: Constitution/Conservatism; Foreign Affairs; News/Current Events; Politics/Elections
KEYWORDS: 59to39; aliens; border; clownbammyjudge; crime; democratpuppet; deportation; dnevada; harryreidpuppet; illegalaliens; invasion; mirandadu; nevada; obamajudge; odiousbamajudge
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Hussein appointee.
1 posted on 08/20/2021 3:36:57 AM PDT by Oldeconomybuyer
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To: Oldeconomybuyer

Impeach this judge.


2 posted on 08/20/2021 3:38:18 AM PDT by exnavy (grow some thick skin, i do not care for whiners)
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To: Oldeconomybuyer

IDIOT! These types find racism under every rock. Its a form of mental illness.


3 posted on 08/20/2021 3:46:05 AM PDT by BiglyCommentary
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To: Oldeconomybuyer

4 posted on 08/20/2021 3:46:10 AM PDT by Diogenesis (Tuitio Fidei et Obsequium Pauperum)
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To: BiglyCommentary

Whew...what a stretch in Lost Wages.


5 posted on 08/20/2021 3:52:08 AM PDT by ptsal (Vote R.E.D. >>>Remove Every Democrat ***)
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To: Oldeconomybuyer

Insane


6 posted on 08/20/2021 3:53:11 AM PDT by VTenigma (The Democrat party is the party of the mathematically challenged )
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To: Oldeconomybuyer
makes it a felony for a person who has been deported to return to the United States is unconstitutional

Oh baloney! There is absolutely nothing in the Constitution that says the U.S. government can't pass a law making it a felony to illegally enter the country. Also, the law is directed at all illegals who have been deported, not just those from south of the border. In the 92 years since that law was enacted, the majority of people who were deported were Europeans -- for example, Italian nationals who were members of the Mafia.

7 posted on 08/20/2021 3:53:24 AM PDT by Avalon Memories (Clowns to the left of me, jokers to the right...)
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To: Oldeconomybuyer

Black-robed tyrant.

SIC SEMPER TYRANNIS


8 posted on 08/20/2021 4:02:56 AM PDT by wastedyears (The left would kill every single one of us and our families if they knew they could get away with it)
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To: Avalon Memories

This ruling was about reentering after a person was already given an expedited removal. The second time they enter they get charged with 8 usc 1326 which is reentry after being deported. I agree that it is a ridiculous ruling just wanted to clarify that it is about reentry not the initial illegal entry.


9 posted on 08/20/2021 4:07:02 AM PDT by 98charlie
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To: Oldeconomybuyer

“Miranda Du”. You see the problem.

Non assimilated foreigners are coming here by the millions and now taking positions of power. The USA is no longer governed by Americans. We are ruled by foreign globalist and anchor babies who want to do us harm. We are no longer a sovereign country.


10 posted on 08/20/2021 4:11:40 AM PDT by Flavious_Maximus (Fauci is a murderer)
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To: Oldeconomybuyer

Not sure how the Constitution applies to non US ciitizens.


11 posted on 08/20/2021 4:13:39 AM PDT by ealgeone
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To: Oldeconomybuyer

Sounds as if this judge is the real racist here if one thinks about her ruling even just a little bit.


12 posted on 08/20/2021 4:25:07 AM PDT by Ron H.
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To: exnavy

“ Impeach this judge.”

Exactly! Until these leftist judges ,who pull rulings from their bums not based on sound law, are removed, we are spinning our wheels.


13 posted on 08/20/2021 4:46:27 AM PDT by Islander7 (There is no septic system so vile, so filthy, the left won't drink from to further their agenda.)
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To: Oldeconomybuyer

CRT in the legal system.


14 posted on 08/20/2021 4:47:31 AM PDT by gattaca ("Government's first duty is to protect the people, not run their lives." Ronald Reagan)
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To: Oldeconomybuyer

This judge should be hanged just outside the court as a reminder to other traitors in black robes not to undermine the Constitution.


15 posted on 08/20/2021 4:52:18 AM PDT by nosf40
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To: Oldeconomybuyer

The judge must be a George Soros pay for play appointee.


16 posted on 08/20/2021 5:00:10 AM PDT by jonrick46 (Leftnicks chase illusions of motherships at the end of the pier.)
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To: Oldeconomybuyer

The people who stay home and let Democrats win over RINOs should be HAPPY with this result, since it’s EXACTLY what they’ve been a part of.


17 posted on 08/20/2021 5:18:54 AM PDT by BobL (I shop at Walmart and eat at McDonald's, I just don't tell anyone, like most here.)
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To: BobL

Don’t worry. Surely this will be overturned on appeal. The Biden DOJ will get right on it.


18 posted on 08/20/2021 5:23:24 AM PDT by phoneman08 (qwiyrqweopigradfdz oncm,.dadfjl,dz )
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To: phoneman08

“Don’t worry. Surely this will be overturned on appeal. The Biden DOJ will get right on it.”

Maybe (hopefully) so, but it could months before it reaches the Supreme Court (after going through the 9th Circuit).

In any case, all that the Dems need to do is string 8 or more years together in the White House, and they will also OWN the courts. At that point, they will do whatever the hell they want to the people they hate (i.e., us). Watch the Taliban, and you’ll see our future.

Hey, but at least those pesky RINOs would have been sent packing!!!! (although they’ll be halfway around the world, as most have the resources needed to get out in time)


19 posted on 08/20/2021 5:28:26 AM PDT by BobL (I shop at Walmart and eat at McDonald's, I just don't tell anyone, like most here.)
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To: Oldeconomybuyer
It's not based on racism unless the felony clause spells out ‘only messicans’. It applies to all who try to reenter after being deported..messicans or fujians or uzbeckistanians. What a stupid ruling

And ‘nativism’ isn't racist - especially when the majority of the world is homogeneous and white folk be a world super minority

20 posted on 08/20/2021 5:36:41 AM PDT by blueplum ("...this moment is your moment: it belongs to you... " President Donald J. Trump, Jan 20, 2017) )
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