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11th Circuit rejects challenge to federal immigration restrictions on marriage

By Alliance Alert

US v Di Pietro, No. 09-13726 (11th Cir. Aug. 27, 2010) | Google Viewer "This case requires us to address de novo two constitutional challenges to § 1325(c) U.S.C. § 1325(c), ['which imposes criminal liability on any individual who knowingly enters into a marriage for the purpose of evading federal immigration laws'] in evaluating whether the district court properly denied Ms. Di Pietro?s motion to dismiss her indictment. Specifically, Ms. Di Pietro argues that § 1325(c) is so vague that it violates the Due Process Clause of the Fifth Amendment. She also contends that the statute unconstitutionally preempts Florida?s marriage laws, which purportedly recognize the validity of marriages entered into for any purpose. After thorough review and oral argument, we agree with the district court that Ms. Di Pietro?s constitutional challenges do not pass muster. We therefore affirm the district court?s ruling and sustain her conviction under the statute."

Full post as published by Constitutionally Correct on August 27, 2010 (boomark / email).