Tuesday, December 6, 2022

The Aggressively Racist History of America’s Most-Prosecuted Immigration Crimes by Kara Hartzler

Kara Hartzler has published an Op Ed in Balls and Strikes on the racist history of federal immigration crimes for illegal entry and reentry that is not to be missed. 

The piece details the arguments being made this week before the Ninth Circuit Court of Appeals in oral argument in United States v. Carrillo-Lopez. In that case, which we have reported on in prior posts, Chief Judge Miranda Du of the Nevada District Court struck down the illegal reentry law, under Section 1326 of the U.S. code, as violative of the Equal Protection Clause.

As Hartzler explains in her op ed:

In a 43-page opinion, Chief Judge Du agreed that the law violates equal protection, relying on this testimony and hundreds of pages of evidence to strike down Section 1326. But the DOJ appealed, arguing this history was irrelevant. If the Ninth Circuit agrees, it would give Congress free reign to enact any blatantly discriminatory immigration law it wants, so long as some lawyer at some point in the future could come up with a half-baked excuse to justify its continued existence.

A copy of Hartzler's powerful op ed is available here.

IE

https://lawprofessors.typepad.com/immigration/2022/12/the-aggressively-racist-history-of-americas-most-prosecuted-immigration-crimes-by-kara-hartzler.html

Current Affairs | Permalink

Comments

Post a comment