‘Disparately’ impacts ‘Latinx,’ Obama appointee claims, despite no ‘data’
A federal judge appointed by Barack Obama has concluded that a law making it illegal to re-enter the United States if you are an illegal alien and previously have been removed is racist.
Because it “disproportionately” impacts “Latinx” people.
The stunning ruling comes from Judge Miranda Du, who ruled in favor of Gustavo Carrillo-Lopez, who wanted an indictment against him for illegal reentry dismissed, because it was “discriminatory.”
The judge claimed, after granting the motion, that criminalizing illegal reentry is “racist” against “Latinx” illegal aliens, and therefore unconstitutional.
The ruling was considered “iffy,” as according to a report in Breitbart, the judge admitted there was no “publicly available data” to support her decision.
The fight was over “Section 1326 of the Immigration and Nationality Act.” Du opined that because it is racist in its origins, it violates the equal protection guarantee of the Fifth Amendment.
A commentary at RedState reported the “Crazy Train continues to hurtle down the tracks.”
The judge wrote, “Because Carrillo-Lopez 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 commentary wondered, “I’m not an attorney nor do I play one on TV, but how can the federal government demonstrate that Section 1326 could have been enacted absent discriminatory intent if the vast majority of illegal aliens – including an even higher percentage of those who continue to re-enter the country after having been deported – are, in fact, so-called ‘Latinx’?”
It continued, “Let’s try this one more time, judge. Do you think maybe ‘over 97 percent of persons apprehended at the border’ are of Hispanic descent because over 97 percent of illegal aliens who illegally re-enter the U.S. are of … wait for it … Hispanic descent? Shot in the dark, your honor – whaddya think?”
Breitbart’s report noted that Du was appointed by Obama in 2012.
The judge claimed Carrillo-Lopez “convincingly” argued that, despite a lack of evidence, the law “disparately impacts Mexican and Latinx defendants,” the report said.
The case could be sent up to the 9th U.S. Circuit Court of Appeals, but only if Joe Biden’s Department of Justice isn’t happy with the decision. Or state attorneys general could intervene.
The border crisis has developed under the policies of Biden, who took office and immediately halted construction on a fence to deter illegal entry.
Biden also worked to reverse virtually all of Trump’s policies that successfully had cut down on the illegal flow of people coming across the border in violation of federal law.
The result is that hundreds of thousands of people have been coming into the U.S. illegally, overwhelming the ability of the Border Patrol to contain them and exhausting the ability of social welfare programs to deal with their needs.