A U.S. judge ruled on August 18, 2021, that United States felony deportation immigration laws are racist and unconstitutional. Federal criminal charges for re-entry into the United States after deportation is illegal, according to Nevada Judge Miranda Du of the U.S. District Court for the District of Nevada, who dismissed the case against
“A federal judge in Nevada ruled for the first time last week that a longstanding law that makes it a felony to reenter the United States after deportation is unconstitutional because it’s explicitly racist in its origins.,” reports Reuters.
For nearly 100 years, it has been a felony to reenter the United States after being deported. Unlawful reentry was first criminalized in 1929 in the Undesirable Aliens Act, and again in the Immigration and Nationality Act of 1952.
The 5th Amendment of the United States Constitution guarantees equal protection of everyone under the law, and the Judge ruled that the INA unfairly stigmatizes and criminalizes Latinos and Mexican people. The case could have a major impact on other deportation and immigration cases.
Julian Castro who was secretary of Housing and Urban Development under the Obama administration, tweeted,
“A Nevada court just ruled Sec. 1326 of the Immigration and Nationality Act—which makes unauthorized reentry at the border a felony—unconstitutional. Like Sec. 1325, this law has an incredibly racist history. I doubt the Biden DOJ will want to defend it in the appellate court.”
Many undocumented individuals are not represented by a deportation defense lawyer in their court deportation hearings or miss their Notice to Appear. Individuals facing deportation who are represented by an immigration attorney are 10 times as likely to win their deportation case.
A noncitizen placed in removal proceedings may have several options their deportation defense lawyer can use to fight their deportation case. A skilled deportation defense lawyer can help you resolve the threat of deportation and find ways to legally remain in the United States. Godoy Law Office serves the entire Chicago, Illinois area including DuPage, Cook, Kane, Will, and Lake Counties. To get started on your defense, call 630-912-0322 to schedule a consultation with one of the experienced immigration attorneys today.