Sotomayor, Gorsuch Warn About 'Serious' Problems With Immigration Case
Summary
The Supreme Court did not take a case involving Jesus Herrera-Salazar, who argued he was wrongly prosecuted twice for illegally being in the U.S. Justices Sonia Sotomayor and Neil Gorsuch warned that the case showed serious constitutional problems with double jeopardy protections. They said the government’s approach risks punishing someone repeatedly for the same crime.Key Facts
- Jesus Herrera-Salazar was prosecuted twice for being “found in” the U.S. illegally without leaving the country between charges.
- The first prosecution came after Herrera-Salazar was removed from the U.S., and he served prison time.
- After release, he was restricted to the Eastern District of Oklahoma and was later charged again after a traffic stop.
- Herrera-Salazar argued the second prosecution violated the Fifth Amendment’s Double Jeopardy Clause, which protects against being tried twice for the same crime.
- The Tenth Circuit Court ruled against him, treating the two charges as different offenses.
- Justices Sotomayor and Gorsuch disagreed, saying this interpretation conflicts with the Constitution.
- They noted that Herrera-Salazar’s restricted movement meant he faced criminal charges whether he stayed or left, causing an unfair legal dilemma.
- The Supreme Court declined to hear the case because it became moot after Herrera-Salazar was removed from the country, but Sotomayor and Gorsuch warned courts to avoid similar constitutional issues.
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