The Aporia · Sotomayor, Gorsuch blast illegal immigrant’s prosecution as ‘constitutional absurdity’

Sotomayor, Gorsuch blast illegal immigrant’s prosecution as ‘constitutional absurdity’

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Goelz, A. (2026, October 14). Sotomayor, Gorsuch blast illegal immigrant’s prosecution as ‘constitutional absurdity’. New York Post. https://nypost.com/2026/10/14/us-news/why-sonia-sotomayor-neil-gorsuch-blasted-an-illegal-immigrants-prosecution-as-a-constitutional-absurdity/

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Quick Summary

Justices Sonia Sotomayor and Neil Gorsuch criticized the prosecution of Jesus Herrera-Salazar as a violation of constitutional protections against double jeopardy. In 2020, Herrera-Salazar was arrested, pleaded guilty to illegally re-entering the US after deportation, served time, and then faced another indictment for the same offense following a traffic stop in Oklahoma. Sotomayor and Gorsuch argued that this situation presents a constitutional absurdity, noting that Herrera-Salazar’s circumstances created a "Hobson’s choice," where he could not legally avoid prosecution regardless of his actions. They urged courts to recognize that continuous criminal conduct should not allow for multiple prosecutions based on different time markers.

Written by AI on 2026-10-14, from this article's own text only (the story summary below draws on all the coverage).

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Story summary

Supreme Court Justices Sonia Sotomayor and Neil Gorsuch teamed up on October 13 to criticize what they called a "constitutional absurdity" involving Jesus Herrera-Salazar, a Mexican national. The justices released a joint statement after the Supreme Court declined to hear Herrera-Salazar’s appeal, noting that he had already been deported following his second conviction for illegally entering the United States.

Herrera-Salazar was initially arrested in 2020 and pleaded guilty to being "found in" the U.S. after illegal entry; he served 15 months in prison before being released under supervision in Oklahoma. While on supervised release, Herrera-Salazar was again arrested during a traffic stop and re-indicted for the same offense, leading to an additional sentence of 21 months.

Sotomayor and Gorsuch expressed concern that such circumstances could violate the Double Jeopardy Clause, which prevents multiple prosecutions for the same crime. They encouraged courts to "avoid the constitutional absurdity" in future cases like Herrera-Salazar's and emphasized his dilemma: staying in Oklahoma or leaving the country to avoid re-arrest.

Written for “Sotomayor And Gorsuch Alliance” on 2026-11-04, grounded in this article and the 2 other(s) covering the same event.

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1 of 11 hedged ("reportedly", "may", "according to")

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no quote in the article backed the model's score

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66/100

New York Post's corrections and hedging, across everything collected from it. Not a measure of accuracy.

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Who wrote this

Ally Goelz

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All 31 articles by Ally Goelz →

Claims (11 extracted, 1 hedged)

The high court rejected Jesus Herrera-Salazar’s request to review his case, in part because he has already been deported, but Sotomayor and Gorsuch made clear they “hope the facts of this case are anomolous.” asserted

facts → reject → case

Herrera-Salazar was initially arrested in 2020, pleaded guilty to illegally re-entering the US following removal, and spent some time in prison before being placed on supervised release. asserted

Salazar → arrest → release

While Herrera-Salazar was required to remain in the US, he was arrested after a traffic stop in Oklahoma and indicted and convicted for the same offense. asserted

he → require → offense

“Should circumstances like these arise again, I encourage courts to avoid the constitutional absurdity that occurred here and give the Double Jeopardy Clause its full weight and meaning,” Sotomayor wrote in a brief opinion joined by Gorsuch, adding that the circumstances of the case left Herrera-Salazar facing a “Hobson’s choice.” asserted

circumstances → arise → choice

“In the Government’s eyes, whether Herrera-Salazar remained in the Eastern District of Oklahoma or left the United States [after his first release from prison], he would be breaking the law,” the justices explained. asserted

justices → remain → law

“While Herrera-Salazar was caught in this bind, the Government prosecuted and punished him yet again for being ‘found in’ the United States, even though all agree he was forbidden to leave the United States.” asserted

he → catch → States

After serving both sentences, Herrera-Salazar was deported to Mexico in 2024, according to court documents. uncertain

Salazar → serve → documents

His attorneys had argued that the second prosecution violated his Fifth Amendment right not to be tried twice for the same offense. asserted

prosecution → argue → offense

But the Denver-based 10th US Circuit Court of Appeals rejected that argument, finding that the two convictions involved separate offenses. asserted

convictions → base → offenses

Sotomayor and Gorsuch disagreed with the lower court’s reasoning, warning that the government should not be able to prosecute someone twice for the same continuous criminal conduct. asserted

government → disagree → conduct

“[O]ur precedents and the logic of the Double Jeopardy Clause,” they wrote, “strongly suggest that the Government is barred from charging that defendant with the same continuous crime for a second time simply by focusing on a different time marker.” asserted

Government → write → marker

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Articles to 4 Nov 2026

Sotomayor, Gorsuch blast illegal immigrant’s prosecution as ‘constitutional absurdity’

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Claims (11 extracted, 1 hedged)