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Biden Administration Challenging Judge’s Ruling Allowing Illegal Immigrant to Possess Guns

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President Joe Biden seems to be pretty pro-illegal immigrant.

After all, he’s done nothing to secure the southern border and has even tried to lash out at states that try to secure it themselves. The administration has done little to suggest that American citizens matter more than illegal immigrants.

So when a court ruled that the prohibition against gun ownership for illegal immigrants was unconstitutional, that put Biden in a strange position. Was he going to be anti-gun, as he tends to be, or pro-illegal immigrant?

Now we know the answer to that question.

The federal government is appealing a judge’s ruling that found the Constitution allows some immigrants without documentation to possess guns, plowing new ground in the quickly evolving debate over Second Amendment rights.

The Justice Department filed its notice of appeal Thursday with Judge Sharon Johnson Coleman, whose ruling last month dismissed charges against an undocumented immigrant who’d been prosecuted for gun possession after he started blasting away at cars driving by him in Chicago’s Little Village neighborhood.

Judge Coleman said that a 2022 Supreme Court case upended away a longstanding federal ban on immigrants who are in the U.S. illegally possessing guns, effectively erasing the case against Heriberto Carbajal-Flores.

She’s the second judge to rule that way, following a similar case last year in Texas. Most judges who have grappled with the issue have come down on the other side, setting up a legal clash that will play out.

The Illinois and Texas cases are now with appeals courts, testing new frontiers in both gun and immigration law.

Of course, the Second Amendment community is divided on the topic, so we shouldn’t be surprised to see a case of politics making strange bedfellows. For once, pro-gun groups are siding with the Biden administration on a gun case. 

Yes, it’s weird.

But it also fits the Biden administration’s overall pattern regarding guns.

See, while Biden has been pro-illegal immigrant, he hasn’t been as proactively pro-illegal immigrant as he’s been proactively anti-gun. what I mean is he’s mostly done nothing to prevent them from coming into the country, but he hasn’t been nearly as aggressive about facilitating their arrival. There are exceptions, of course, but they pale in comparison to the anti-gun aggression we’ve seen out of this administration.

So the fact that the Biden administration is remaining anti-gun instead of pro-illegal immigrant isn’t particularly surprising. It’s just that this time, they’re not fighting to restrict our rights.

The question that will be up for debate is whether illegal immigrants are part of “the people” or whether they’re not part of the political body of the United States. Pro-gun folks have fallen into both camps, which means at least some will likely be siding with the Biden administration. I can’t imagine that’s going to be a comfortable position for anyone involved.

As for me, my take is that the right to keep and bear arms is a human right, one that transcends borders and nationality. However, people who enter our nation illegally likely do so understanding they’re forfeiting certain rights, such as the right to choose their own leaders through elections, and yes, buying a gun falls into that category.

But I’m not an attorney, much less a judge or Supreme Court justice, nor did I play one on TV. We’re going to have to let the courts settle this one, and the results should be interesting.

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