Critical race theory takes aim at immigration law; courts wrestle with Hispanic disparity in cases

Forget drugs or fraud. The most common type of case federal prosecutors bring is against illegal immigrants who try to reenter the country after having been ousted — and almost all of those charged are Hispanic.

Now federal courts are grappling with whether that imbalance means the law itself is racist.

One court in Nevada has already ruled that it does. Judge Miranda Du, a President Obama appointee, said the section of law that makes it a felony for someone previously ousted to sneak back into the U.S. has racist antecedents dating to the 1920s.

Though the law has been updated since then, Congress has never “confronted the racist, nativist roots” of the law, the judge ruled. She said that, coupled with the overwhelmingly Hispanic targets for prosecution, makes the law unconstitutional…. (Excerpts from the Washington Times)