Biden administration wants to undo landmark ruling that found criminal immigration law unconstitutional

This Is Reno Radio

Feb 25 2022 • 30 mins

Lauren Gorman is a federal public defender in Reno. Last year she battled the federal government and won.

The case involved a man who illegally re-entered the United States from Mexico after having already been deported.

Gorman said the law criminalizing re-entry into the U.S. was based on blatant racism and violates the equal protection clause of the Fifth Amendment. The reason: The laws criminalizing re-entry specifically targeted Mexicans and had been codified in federal laws since 1929.

Chief Judge for the District Court of Nevada, Miranda Du, agreed with Gorman’s arguments.

Du found those laws unconstitutional, but the federal government – President Joe Biden’s Justice Department – has since appealed.

In this episode, Gorman explains the case in detail – and where it’s headed.

This episode also features a new tune by Reno artist Kat Heart from Loud As Folk.



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