6th Circ. Says DACA Recipient Can Face Firearms Charge

Law360 (July 11, 2019, 2:40 PM EDT) -- A criminal law prohibiting unauthorized immigrants from having firearms is not unconstitutionally vague as it applies to beneficiaries of the Deferred Action for Childhood Arrivals program, a Sixth Circuit panel held on Wednesday, reversing a lower court decision that held otherwise.

In a published decision, the trio of judges found that Congress had defined the law “clearly enough,” reinstating an indictment against former DACA recipient Diego Gonzalez Lopez that charged him with possession of a firearm while “illegally or unlawfully” in the U.S.

Gonzalez Lopez had claimed that the criminal law he was charged under did not explain the meaning of...

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