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163 U. Pa. L. Rev. Online 1 (2014-2015)

handle is hein.journals/pennumbra163 and id is 1 raw text is: ESSAY DISTINGUISHING IMMIGRATION VIOLATIONS FROM CRIMINAL VIOLATIONS: A DISCUSSION RAISED BY JUSTICE SONIA SOTOMAYOR BRIAN L. OWSLEYt INTRODUCTION In February 2014, United States Supreme Court Justice Sonia Sotomayor was interviewed at Yale Law School.' During the course of a wide-ranging discussion, Justice Sotomayor explained that her use of the term 'undocu- mented immigrants' rather than the traditional illegal alien label stemmed from her analysis of the issue as a regulatory problem and that she found it insulting to label immigrants as criminals.2 This discussion would have gone largely unnoticed but for the fact that Fox News contributor and radio commentator Laura Ingraham took Justice Sotomayor to task, suggesting that she has to choose between her 'immigrant family background' or the Constitution.' Indeed, Ms. Ingraham further argued that there is no rule I Visiting Assistant Professor, Texas Tech University School of Law; former United States Magistrate Judge for the United States District Court for the Southern District of Texas, 2005-2013. This article was written in the author's private capacity. No official support or endorsement by the United States District Court for the Southern District of Texas or any other division of the federal judiciary is intended or should be inferred. 1 Sotomayor: Labeling Illegal Immigrants Criminals Is Insulting, CBS (Feb. 4, 2014, 5:53 AM), http://washiington.cbslocal.com/2014/02/o4/sotomayor-labeling-illegal-immigrants-criminals-is-insulting. 2 Id.; see also Mohawk Indus., Inc. v. Carpenter, 130 S. Ct. 599, 603 (2009) (using the term undocumented immigrants). 3 Ellie Sandmeyer, Laura Ingraham's Attacks on Sonia Sotomayor Miss Her All-American Heritage, MEDIA MATTERS FOR AMERICA (Feb. 4, 2014, 2:26 PM), http://mediamatters.org/blog/2014/ 02/04/laura-ingrahams-attacks-on-sonia-sotomayor-miss/97915. (1)

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