U.S. v. Viveros-Chavez

Defendant was charged with violating 8 U.S.C. § 1326, which forbids non-citizens from re-entering the United States without authorization if they have previously been removed from the country. Defendant moved to dismiss the indictment, arguing that the statute violates the equal protection clause because it was enacted with discriminatory intent and disproportionately impacts Mexican and Latino individuals. The district court denied the motion and defendant appealed. The Seventh Circuit affirmed, finding that the district court did not err when it concluded that there was insufficient evidence that racial animus motivation the statute’s enactment. (SYKES and FLAUM, concurring)