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

by Eric Lendrum


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, 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.

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Eric Lendrum reports for American Greatness.
Photo “OTB Houston” by Office of Public Affairs (CC BY 2.0).








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5 Thoughts to “Obama-Appointed Judge Says It Is Unconstitutional and ‘Racist’ to Prosecute Previously-Deported Illegal Aliens”

  1. CCW

    Feds have lost their say about border issues, since they daily violate the USC and the mandate for the Feds to protect the border states. What that Judge says, no longer applies. His bosses forfeited their rights to border control by sheer, gross, incompetency or even worse..treason.

    I was thinking more of isolation and quarantine of people and goods out of China to prevent another disease like COVID. If the people want to buy and bring Chinese goods out of China and into this country, there must be a COVID duty paid, and the item(s) routed through the U.S. Army Biological Warfare Unit at Fort Detrick, Maryland for import inspection. Travelers with fever, or other obvious signs of disease, attempting to enter the U.S., will be quarantined in temporary quarters until examined by a certified examiner. We can use the hospital ships discarded by Cuomo last year for temporary quarters or morgues. Those testing positive with contagious diseases will be returned to China. Any contaminated or hazardous material or or other forbidden contraband material will be returned to China at cost. Otherwise we, as a nation, will be exposing ourselves to biological and chemical warfare from various nations and sponsored terrorist groups like ISIS, Al-Qaeda, or Taliban.

    U.S. Importers of Chinese goods, electronic parts, etc., should start looking for another supplier. We should also expect Germany, France, Spain, and Italy to do the same. There are plenty of Asian suppliers we could trade with…South Korea, Tiawan, Japan, Vietnam, etc. Looks like canners will soon be getting good AL3008 can stock from ALCOA TN Arconic Operations.

    So, do we apply the same critera to TX/AZ/NM illegal aliens crossing the borders of these states?

  2. Dr Ken

    Racist? That is a card perpetually played by the ignorant. I was initially going to ask how this individual was appointed judge then recalled it was an Obama appointee meaning the appointing was not for one to be an impartial “trier of fact”, rather one who would blindly support Obama and the Soros agenda.

  3. Paul raggizze

    That judge is a traitor to this country just like the one who appointed him and Biden is a traitor to

  4. Jo

    Get rid of these liberal Judges they are not good for America

  5. Harry J Titshaw Jr

    Can anyone say “incapable of cogent, cohesive, comprehensive and coherent thought” Obama judicial appointee…….