A Nevada case shined a light on a U.S. immigration law and its little-known history after a federal judge called the rule racist and struck it down
children were taken from their parents
. She struck down the law as unconstitutional and discriminatory against Latinos when she dismissed an illegal reentry charge against Mexican immigrant Gustavo Carrillo Lopez, though she didn't block enforcement and prosecutions haven't stopped as the government appeals the case. The potentially precedent-setting case has been in legal limbo for more than a year as a federal court in California considers the Justice Department's appeal defending the law. Despite the ongoing battle in the 9th Circuit Court of Appeals, the Nevada case has shined a national spotlight on the little-known history of Section 1326.
Many of the key elements that formed the legal defense now being considered by the 9th Circuit came from Hernandez's findings on Section 1326's discriminatory background. Under this new law, unauthorized entry into the U.S. became illegal, allowing Congress to limit immigration from Mexico without implementing an outright ban.
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