"Wetback Act": Law making it felony for deported person to come back to U.S. ruled unconstitutional and discriminatory
CBSN
Las Vegas — In a court ruling with potentially broad implications for U.S. immigration cases, a federal judge in Nevada 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.
U.S. District Judge Miranda Du in Reno, in an 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. "Anybody who works in federal courts knows the statute," Franny Forsman, retired longtime chief of the Federal Public Defender's Office in Nevada, said Thursday. "There really are a large number of cases that have been brought over the years under that section. They're mostly public defender cases."Ashley White received her earliest combat action badge from the United States Army soon after the first lieutenant arrived in Afghanistan. The silver military award, recognizing soldiers who've been personally engaged by an attacker during conflict, was considered an achievement in and of itself as well as an affirming rite of passage for the newly deployed. White had earned it for using her own body to shield a group of civilian women and children from gunfire that broke out in the midst of her third mission in Kandahar province. All of them survived. She never mentioned the badge to anyone in her battalion.