Philosophy Faculty Publications and Presentations

Anti-discrimination jurisprudence: US v. Carrillo-Lopez

Document Type

Article

Publication Date

12-2022

Abstract

In August 2021, a U.S. Federal District Court ruled that §1326 of the Immigration Naturalization Act (INA) which criminalizes illegal reentry violated the Equal Protection clause of the Fifth Amendment because it has disparate impact upon and discriminatory intent against Mexican and Latinx individuals. While §1326 has been unsuccessfully challenged in numerous other federal courts, US v. Carrillo-Lopez stands out in its originality of interpretation regarding the discriminatory intent of a federal statute. In this case commentary, the reasoning of the case will be explicated, followed by an analysis of the unique statutory interpretation applied within the context of discriminatory intent doctrine.

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© The Author(s) 2022. https://journals.sagepub.com/share/KKPYYMUIB4FW39DKI6MZ?target=10.1177/13582291221124489

Publication Title

International Journal of Discrimination and the Law

DOI

https://doi.org/10.1177/13582291221124489

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