Published on: Tuesday, April 9, 2024
Six people who had been deported are prosecuted for illegally reentering. Defendants: When Congress passed this law in 1929 it was for super racist reasons which carry forward to the current version of the law and makes it unconstitutional. Training Division: Yup. Fourth Circuit: Nope. Maybe that 1929 stuff was super racist—the history certainly looks sketchy to us—but it was repacked with a bunch of other statutes in 1952 when there was no evidence of racial motive despite the use of racial slur by several members of Congress and has been amended a bunch since then.
The case is United States v. Jorge Sanchez-Garcia, No. 22-4072 (4th Cir. 2024).