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.