Las Vegas (AP) —A court ruling that could have widespread immigration in the United States, a federal judge in Nevada said a criminal law dating back to 1929 was a serious offense for a person transferred to return to the United States. I found that The state is unconstitutional.

Judge Miranda Du of the U.S. District Court in Reno said in an order issued Wednesday that the law, commonly known as Section 1326, is based on “racist, indigenous roots.” We have found that we are discriminating against Mexicans and Latin people in violation of the Equal Protection Clause amendment.

“Everyone who works in federal court knows the law,” Franny Forceman, who retired from the longtime head of the federal civil service office in Nevada, said Thursday. “There are really many cases raised under that section over the years. They are primarily cases of public defenders.”

Section 1326 of the Immigration and Nationality Act criminalizes entry into the United States if denied, deported, or deported. It was enacted in 1952 using the wording of the unwanted alien law passed by Congress in 1929. To increase its deterrence, penalties were strengthened five times between 1988 and 1996.

Mr Forceman said he hopes the government will appeal to the 9th US Circuit Court of Appeals in San Francisco.

But Julian Castro, the Biden administration’s Secretary of Housing and Urban Development, tweeted that the Justice Department does not want to defend the law with an “incredibly racist history.”

Deputy Federal Attorney Christopher Chiou and his aides did not immediately respond to the message regarding the decision.

Forceman called Du’s command a breakthrough because of its thoroughness. Dou, a Vietnamese immigrant, was nominated by President Barack Obama as a member of parliament and sworn in 2012.

“I think it makes sense because it would be difficult to circumvent her reasoning,” Forceman said of the court order. “It’s a little hard to get around a law called the” wetback law “by those who enact it. The derogatory term often refers to Mexican immigrants who have entered the country illegally, but it is also used to despise all Hispanics.

Du said he considered written and oral discussions and expert testimony on the legislative history of the law from Professor Benjamin Gonzalez O’Brien of San Diego State University and Professor Kelly Lytle Hernandez of the University of California, Los Angeles. ..

“Importantly, the government does not dispute that Section 1326 weighs more heavily on Mexicans and Latinos,” the judge said in her 43-page order in Gustavocarie Jolopes in 2020. He said he had dismissed the criminal charges in June.

According to prosecutors, Carrillo-Lopez was arrested in Nevada in 2019 after being deported in 1999 and 2012. His federal defender, Lauren Gorman of Reno, did not immediately respond to the email on Thursday.

The judge said no publicly available data on the country of origin of those charged under Section 1326 were found, but more than 97% of those arrested at the border in 2000 were Mexicans. , Cited US Border Guard statistics, showing that it was 86% in 2005. 87% in 2010.

“Government said the impacts stated were” a product of geography, not discrimination, “and statistics are rather characteristic of Mexico’s proximity to the United States, the history of Mexico’s employment patterns, and socio-political and economic factors. Drive migration claims to be “Du writes. “The court has not been persuaded.”