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US judge in Nevada: Felony deportation law unconstitutional

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Posted at 8:28 AM, Aug 20, 2021
and last updated 2021-08-20 11:28:10-04

LAS VEGAS (AP) — A federal judge in Nevada has issued a ruling with potentially broad implications for U.S. immigration cases.

U.S. District Judge Miranda Du in Reno found that a criminal law that dates to 1929 and makes it a felony for a person who has been deported to return to the United States is unconstitutional.

Her order issued Wednesday found the law widely known as Section 1326 is based on "racist, nativist roots" and discriminates against Mexican and Latinx people in violation of the equal protection clause of the Fifth Amendment.

Acting U.S. Attorney Christopher Chiou in Nevada didn't immediately respond to messages about whether the government will appeal.