Ninth Circuit reverses ruling that immigration laws are 'discriminatory'

May 23, 2023

An illegal immigrant who tried to argue that America's immigration laws shouldn't be enforced because they were "racist" when written has found himself out of luck with the Ninth Circuit Court of Appeals, which found that just because a law was written during a time of discrimination and racism, doesn't make it racist or mean it should be struck down or ignored. 

“We hold that the district court clearly erred in its finding that Congress’s enactment of § 1326 was motivated in part by the purpose of discriminating against Mexicans or other Central and South Americans,” Circuit Court Judge Sandra S. Ikuta wrote for the unanimous appeals court.

The case arose when Gustavo Carrillo-Lopez sued to cancel his deportation under a 1950s law that he said was discriminatory against him as a Mexican.

Carillo-Lopez was deported in 1999 and again in 2012, the second time after was convicted on a drug felony drug and misdemeanor spousal-abuse.

"No duty"

He re-entered the country again and was charged with drug trafficking in 2019, and in 2020 illegal entry with enhancements charges were added because of his previous criminal record.

Carillo-Lopez challenged the illegal entry charges because they stemmed from the 1950s and were racist, but the 9th Circuit judges disagreed.

“Contrary to Carrillo-Lopez and the district court’s reasoning, a legislature has no duty ‘to purge its predecessor’s allegedly discriminatory intent,’” Judge Ikuta wrote.

The appeals court also said that the 1950s law was a "clean break" from a 1929 law that could be said to discriminate against Mexicans and other minorities.

His (bad) argument

Carillo-Lopez tried to argue that mostly Mexicans and Central Americans were prosecuted under the law, but the judges recognized that this is because of the southern border's proximity to those areas, not because of any kind of discrimination.

Even so, his lawyers plan to take the case all the way to the Supreme Court, where they will probably get slapped down again.

That's because most conservatives don't buy into the narrative that everything is racist. They use common sense and realize that there's a difference between keeping control of our border by not letting illegal criminals stay here and being racist.

When everything is racist, nothing actually is.

It's demeaning to call everything racist

It demeans cases where there is actual racism to play the race card just to get what you want, like in this case, to get out of being deported or to get less time in jail.

It would be great if Biden would actually close the border and prevent people like this from coming back into the country over and over again, but for now, we will have to take what we can get.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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