Acting US Attorney Appeals Ruling on Migrants and Firearms

Photo by Tom Def on Unsplash

( – The Biden administration has appealed the recent ruling of a judge that gives undocumented migrants the right to possess firearms legally. 

In March, Judge Sharon Coleman ruled that in Illinois undocumented migrants would be given the right to possess guns. However, on April 4, acting US Attorney for the Northern District of Illinois Morris Pasqual filed an appeal at the U.S. Court of Appeals for the 7th District. 

US Attorney General Merrick Garland appointed Pasqual in March 2023. 

The appeal did not include any further details and had been filed within 30 days of the decision by Coleman, according to a Newsweek report.

On March 8, Coleman filed an eight-page ruling in which she dismissed the charges that had been filed against Heriberto Carbajal-Flores. Carbajal-Flores came into the United States illegally and was in possession of a handgun.

In the decision, Coleman, who was appointed in her position by former President Barack Obama, noted that the criminal record of Carbajal-Flores did not contain improper firearm use and that the circumstances of his arrest were non-violent. She added that based on these findings, Carbajal-Flores did not appear to pose a public safety risk, meaning that there was no reason for him to be deprived of the Second Amendment right to bear arms. 

The defendant had been charged under the U.S. Criminal Code’s Title 18, which disallows undocumented immigrants from possessing guns or ammunition. 

Coleman in her original ruling noted that the man had kept to all of the conditions of his release. 

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