Supreme Court justices criticize criminal prosecution of Mexican immigrant

Supreme Court Justices Sonia Sotomayor and Neil Gorsuch criticized the criminal prosecution of a Mexican immigrant on Tuesday, calling the situation a constitutional absurdity. Reports from UPI, msnbc.com, and The Hill confirmed that the two justices highlighted the case despite the Supreme Court declining to review it. [1][2][3]

The case involves Jesus Herrera-Salazar, a Mexican national who was indicted in 2020 for being found in the United States. UPI reported that he was charged a second time after he had been specifically told to remain in the country, leading to what Yahoo reported as a double jeopardy concern. [1][7]

Sotomayor was appointed by President Barack Obama, while Gorsuch was nominated by President Donald Trump. As msnbc.com reported, the joint action marks the latest instance of the two appointees coming together to highlight perceived government abuses when other justices stayed silent. [1][2][9]

Newsweek reported that both justices warned of serious problems with the immigration case. Although Herrera-Salazar was rejected on his petition to the high court, the justices felt the need to publicly spotlight what they viewed as an absurd government action. [1][2][5]