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Excerpted From: Kelly Lytle Hernández, Mae Ngai, and Ingrid Eagly , United States of America, Petitioner, v. Refugio PALOMAR-SANTIAGO. No. 20-437. (March 2021), Brief for Professors Kelly Lytle Hernández, Mae Ngai, and Ingrid Eagly as Amici Curiae Supporting Respondent, 2021 WL 1298527 (U.S.) (Appellate Brief), Supreme Court of the United States. (Footnotes) (Full Document)

 

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Congress Never Purge Racial Animisty from Unauthorized Entry and Reentry statutes after 1929  

While Congress recodified and reenacted the unauthorized entry and reentry statutes after 1929, it never purged the racial animus underlying them. The history of the period following 1929 shows that Congress's actions in 1952 and thereafter maintained-rather than cleansedthe original racist intent.