Court says illegal immigrants can't have guns
Headline Legal News
A federal appeals court says illegal immigrants don't have a right to own firearms under the U.S. Constitution.
Emmanuel Huitron-Guizar of Wyoming pleaded guilty to being an illegal immigrant in possession of firearms after his arrest last year. He was ordered held by immigration authorities at the Natrona County Detention Center in Wyoming.
An attorney for Huitron-Guizar appealed the case, saying illegal immigrants are not excluded from possessing firearms like felons and people who are mentally ill, and should have the same rights as U.S. citizens to buy a gun for hunting and protection.
The 10th Circuit U.S. Court of Appeals in Denver ruled Monday that illegal immigrants have only limited protection under the Constitution.
Huitron-Guizar's attorney, Ronald Pretty of Cheyenne, Wyo., says he plans to appeal to the U.S. Supreme Court.
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U.S. Citizenship and Immigration Services (USCIS) is continuing to implement the June 28, 2018, Policy Memorandum (PM), Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 140 KB).
USCIS may issue NTAs as described below based on denials of I-914/I-914A, Application for T Nonimmigrant Status; I-918/I-918A, Petition for U Nonimmigrant Status; I-360, Petition for Amerasian, Widow(er), or Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile Status petitions); I-730, Refugee/Asylee Relative Petitions when the beneficiary is present in the US; I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; and I-485 Application to Register Permanent Residence or Adjust Status (with the underlying form types listed above).
If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.