Obama-Appointed Judge Says it is Unconstitutional and ‘Racist’ to Prosecute Previously-Deported Illegal Aliens

On Wednesday, a judge appointed by Barack Obama argued that it is “racist” to prosecute illegal aliens who return to the country after being deported and commit crimes on American soil, as reported by Breitbart.

Judge Miranda Du, appointed by Obama to the U.S. District Court for the District of Nevada in 2012, made the statements in a ruling in favor of a previously-deported illegal named Gustavo Carrillo-Lopez. Lopez had filed a motion to dismiss an indictment against him for the crime of illegally re-entering the country, baselessly claiming that such a charge was “discriminatory.” He claimed, without evidence, that federal law allowing for the deportation of illegals is in violation of the Fifth Amendment to the United States Constitution.

Du ultimately agreed with Lopez’s assessment and granted the motion, repeating his claims in her opinion by stating that the law has “a discriminatory purpose, and has a disparate impact on Latinx persons.”

“Carrillo-Lopez has demonstrated that Section 1326 [of the Immigration and Nationality Act] disparately impacts Latinx people, and that the statute was motivated, at least in part, by discriminatory intent,” Du continued further. She repeatedly used the widely-ridiculed phrase “Latinx” in her opinion, a far-left attempt at rewriting the Spanish language’s use of “gendered” terms by eliminating the letters O and A at the end of such words as “Latino/Latina,” which are used to refer to men or women, respectively.

The only way to overturn Du’s decision is to take the case to the Ninth Circuit Court of Appeals, and eventually up to the Supreme Court, which would only happen if Joe Biden’s Department of Justice appeals the ruling. In the likely event that the Biden Administration agrees with Du’s ruling, it would fall to Republican state attorneys general to pick up the slack and challenge the ruling in court.

About Eric Lendrum

Eric Lendrum graduated from the University of California, Santa Barbara, where he was the Secretary of the College Republicans and the founding chairman of the school’s Young Americans for Freedom chapter. He has interned for Young America’s Foundation, the Heritage Foundation, and the White House, and has worked for numerous campaigns including the 2018 re-election of Congressman Devin Nunes (CA-22). He is currently a co-host of The Right Take podcast.

Photo: ROMA, TEXAS - APRIL 15: Immigrants arrive to the United States while being smuggled across the Rio Grande from Mexico on April 15, 2021 in Roma, Texas. A surge of mostly Central American immigrants crossing into the United States, including record numbers of children, has challenged U.S. immigration agencies along the U.S. southern border. (Photo by John Moore/Getty Images)

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