Posted on March 20, 2024

Obama-Appointee and Liberal Illinois Federal Judge Rules Illegal Migrants Can Carry Guns Legally

Sophie Mann, Daily Mail, March 19, 2024

A liberal Illinois federal judge has ruled that an illegal immigrant was wrongly banned from possessing a firearm.

US District Judge Sharon Johnson Coleman, an Obama appointee, ruled earlier this month that an illegal migrant residing in the US had his 2nd Amendment rights violated when he was charged for possession of a weapon.

Heriberto Carbajal-Flores was charged by prosecutors under US Code 18 § 922, which prohibits illegal immigrants from carrying guns or ammunition.

In her ruling, the judge with a liberal track record wrote: ‘The noncitizen possession statute, 18 USC § 922(g)(5), violates the Second Amendment as applied to Carbajal-Flores.

‘Thus, the court grants Carbajal-Flores’ motion to dismiss.’

Carbajal-Flores’ defense team posed the argument that the government could not show that 18 USC § 922(g)(5) was ‘part of the historical tradition that delimits the outer bounds of the right to keep and bear arms.’

In 2022, the Supreme Court ruled that government prosecutors must be able to show that regulations are ‘consistent with this nation’s historical tradition of firearm regulation.’

The defense’s argument was enough to persuade Coleman the charges should be dismissed.

‘Lifetime disarmament of an individual based on alienage or nationality alone does not have roots in the history and tradition of the United States,’ said attorneys for Carbajal-Flores.

Coleman acknowledges, in her ruling, that Carbajal-Flores is a ‘noncitizen,’ though she shied away from any harsher language.

‘The court notes, however, that Carbajal-Flores has never been convicted of a felony, a violent crime, or a crime involving the use of a weapon,’ she wrote.

‘Even in the present case, Carbajal-Flores contends that he received and used the handgun solely for self-protection and protection of property during a time of documented civil unrest in the Spring of 2020,’ she added, likely referring to the riots that swept the country in the wake of the killing of George Floyd.

The ruling has inspired a plethora of responses across the legal community, including some Second Amendment absolutists who say ‘the people’ referred to by the Framers in the amendment include those in the country illegally.

It could also be cited in other states as they try to make the same argument, allowing more illegal migrants the right to carry guns.

Coleman has presided over a number of high-profile cases in Illinois, including a ruling in February 2014 that allowed same-sex couples to marry in the state.

The ruling went into effect in June of that year, two years before the Supreme Court legalized same-sex unions in all 50 states.

Her ruling comes as the Biden administration struggles immensely with illegal migration into the country, and is facing extra heat from the public and political class in the wake of the murder of Georgia college student Laken Riley by an illegal immigrant.

Several other illegal migrants have been arrested in recent weeks for crimes including the sexual assault of an underaged individual.

The arrests come as thousands pour across the southern border each day and show few signs of slowing down.

Recently, the administration admitted to flying 320,000 illegal migrants into the US to reduce the number of visible border crossers currently terrorizing border towns across the southern United States.

Customs and Border Protection has refused to disclose crucial information about a program last year arranging flights for thousands of undocumented immigrants from foreign airports directly to US cities.

The revelation came after a controversy over a 2022 transportation program in which the administration used taxpayer’s money to move migrants throughout the country on discrete overnight flights.

The program was part of Biden’s expansion of the CBP One app, which kicked off at the start of last year.

Migrants were able, under Biden’s expansion, to apply for asylum using the app from their home countries.

But the Center for Immigration Studies notes the transportation of these migrants directly to the US is one of the lesser known uses of the app.

Aliens who cannot legally enter the US use CBP One to apply for travel authorization and temporary humanitarian release from those airports.

The US is also expected to be grappling with more than 8 million asylum seekers and migrants who will have crossed over the southern border by September.

The staggering figure represents a 167 percent surge in five years and underscores the challenges faced by what is both an underfunded and antiquated immigration system.

The vast majority of the 8 million are now free to roam US streets, including 2 million ‘high-priority’ cases of career criminals seeking asylum.

The system appears to be struggling to cope with the rapid numbers of migrants flowing across the border, which reached an all-time high of 302,000 monthly crossings in December.

The backlog has left millions of migrants who are currently residing in the U.S., unsure of whether they will be permitted to stay or simply be deported.

Migrants who cross the border may often be forced to wait several years for a decision to be made in their applications. In the meantime, they have been released to American streets.

Recent data suggests the backlog has only swelled during President Joe Biden’s term in part reflecting the difficulties his administration has faced in addressing the unprecedented influx of migrants, mainly from Central and South America.

At the end of fiscal year 2023 on September 30, more than 6 million people were recorded on what officials term the ‘non-detained docket.’

Government projections, as communicated in Homeland Security documents sent to Congress, suggest the number will have risen to 8 million by October 1.