Alleging Racial Profiling to Collaterally Attack a Criminal Prosecution
By Dan Cadman on January 1, 2018
The attorney for an alien accused of illegally reentering the United States after removal (a federal felony) has filed in federal court alleging that the Maine State Police traffic stop that resulted in the alien's arrest was the basis of racial profiling.
The filing's intent is presumably to suppress the evidence and thus quash the criminal prosecution for reentry. This is just about the only way that the alien's defender might be able to overcome the criminal prosecution, because the felony statute generally precludes collaterally attacking the prosecution by going after the underlying removal as having been unlawful:
https://cis.org/Cadman/Alleging-Racial-Profiling-Collaterally-Attack-Criminal-Prosecution
