Ninth Circuit Holds Statute Punishing Illegal Re-Entry is Race Neutral

Article author: 
Shari Rendall
Article publisher: 
Article date: 
Wednesday, May 31, 2023
Article category: 
National Issues
Article Body: 

Reversing a decision by a Nevada District Court, The Ninth Circuit Court of Appeals unanimously held that the federal statute that criminalizes illegal re-entry is constitutional. The decision, issued on May 22, also found that the criminal re-entry law is not discriminatory.

Federal law has two specific statutes that establish criminal penalties for aliens who enter the U.S. without permission.  Section 1325 of Title 8 makes it a misdemeanor: (1) to enter the U.S. without proper inspection at a port of entry; or (2) to enter the U.S. between ports of entry, thereby avoiding examination or inspection by immigration officials.  Section 1326 of Title 8 – the statute in question here –makes it a felony for aliens who have been deported to subsequently re-enter the U.S. illegally. . . .