Judge whose sister heads La Raza rules 130-year law against encouraging illegal immigrants is unconstitutional
Daniel Horowitz · August 23, 2019
Imagine if Alexandria Ocasio-Cortez or Rashida Tlaib got to single-handedly veto sovereignty legislation dating back to the 1880s just like a president could veto a new bill passed by Congress this session. Imagine if they could unilaterally abolish ICE and declare open borders, except, unlike a president, they wouldn’t have to stand for re-election. Well, that is exactly the situation this week with a single federal judge. Thanks to Republicans agreeing to the notion that judges – even lower court judges – have direct veto power over legislation, a foundational immigration law has just been “vetoed.â€
KCUR-FM reports that on Wednesday, Judge Carlos Murguia of the U.S. District Court of Kansas ruled, based on a Ninth Circuit opinion, that 8 U.S.C. §1324, the law prohibiting someone from “encouraging†or “inducing†illegal immigration, is an unconstitutional infringement upon the First Amendment. In doing so, Murguia vacated the convictions of two illegal aliens, Jose Felipe Hernandez-Calvillo and Mauro Papalotzi, who were convicted in August 2018 by a jury for conspiring to encourage illegal aliens to remain here through employment at a drywall company in Lawrence, Kansas. Four others were originally indicted by a grand jury in 2015.
This law has been on the books in some form for over 130 years, and numerous federal courts have upheld convictions based on §1324.
https://www.conservativereview.com/news/judge-whose-sister-heads-la-raza-rules-130-year-law-encouraging-illegal-immigrants-unconstitutional/