Trump-appointed justice joins Sotomayor in unlikely alliance to rip DOJ's handling of illegal immigrant case

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Cite

Schemmel, A. (2026, October 15). Trump-appointed justice joins Sotomayor in unlikely alliance to rip DOJ's handling of illegal immigrant case. Fox News. https://www.foxnews.com/politics/trump-appointed-justice-joins-sotomayor-unlikely-alliance-rip-dojs-handling-illegal-immigrant-case

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Fox News · collected 2026-10-15 · by Alec Schemmel

Quick Summary

Neil Gorsuch and Sonia Sotomayor questioned the Department of Justice’s handling of a case involving illegal immigrant Jesus Herrera-Salazar. The conservative Gorsuch and liberal Sotomayor both criticized the government for prosecuting Herrera-Salazar twice for unlawfully re-entering the United States, despite an earlier court order that restricted his movement within Oklahoma. Their joint dissent highlighted concerns over double jeopardy and constitutional protections against such prosecutions. This marks one of several instances where the two justices have found common ground on issues related to constitutional rights and government action.
Written locally by qwen2.5:14b on 2026-10-15, using this article's own text rather than the other coverage of the same event (that is the story summary below).

AI analysis runs on qwen2.5:14b, locally

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 2026-10-15, grounded in this article and the 2 other(s) covering the same event.
Why this leaning score
The article's own words the score was based on. Each is quoted verbatim and was checked against the article text before being stored, so you can find it in the original.
Reading Leans left (beta estimate) Confidence high 1 quote(s) discarded as not found in the article
Leaning: leans left for article 82865 (high confidence, 1 verified quote) · logged 2026-10-15

Story

📰 Sotomayor And Gorsuch Alliance
Politics · 3 article(s) covering the same event. Compare every outlet's account →

Compared with similar articles

This article reads leans left and hedges 10% of its claims. Each row says how that neighbour differs.
Washington Examiner · 0.86 cosine similarity
⚖️ leaning not scored 🔴 7% hedged 1 of 14 📰 publisher trust 68
“Both articles describe the same Supreme Court Justices, Sotomayor and Gorsuch, criticizing the 'constitutional absurdity' of prosecuting an individual named Jesus Herrera-Salazar twice for illegal entry into the U.S., on the same specific date.”
New York Post
⚖️ leaning not scored 🔴 9% hedged 1 of 11 📰 publisher trust 67
“Both articles discuss Sotomayor and Gorsuch's criticism of Herrera-Salazar's prosecution for illegal re-entry, describing the same legal case involving the same individual.”
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
31
sentences that state something as happening or true
Uncertain
10%
3 of 31 hedged ("reportedly", "may", "according to")
Leaning
Leans left
of the writing, not the subject · beta estimate
Publisher signals
68/100
Fox News's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
3
Politics
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-10-15 · how these are computed

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Publisher

Fox News · 4245 article(s) · 8 correction(s) detected
Running correction rate · 8 correction(s)

Who wrote this

Alec Schemmel
25 article(s) here · 1 carrying a prediction
🔮 Conservative Supreme Court Justice Neil Gorsuch has joined forces with liberal Justice Sonia Sotomayor to question the federal government's prosecution of an illegal immigrant, marking the latest unlikely alliance between the two justices.
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Also by Alec Schemmel
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 25 articles by Alec Schemmel →

Topics

Mexican Oklahoma Supreme Court the Eastern District of Oklahoma the United States

Subjects

Herrera-Salazar PERSON · 7× Gorsuch PERSON · 5× Sotomayor PERSON · 5× the United States GPE · 4× Mexican NORP · 2× Oklahoma GPE · 2× Supreme Court ORG · 2× the Eastern District of Oklahoma GPE · 2× Neil Gorsuch PERSON · 1× Sonia Sotomayor PERSON · 1×

Narrative

Gorsuch, appointed by President Donald Trump, and Sotomayor, appointed by former President Barack Obama, raised concerns about the government's decision to prosecute a Mexican national twice for being found unlawfully in the United States — even after a federal court prohibited him from leaving the Eastern District of Oklahoma following his first conviction.
framing: assertive · carried by 1 article(s) · first seen 2026-10-15
🔮 Conservative Supreme Court Justice Neil Gorsuch has joined forces with liberal Justice Sonia Sotomayor to question the federal government's prosecution of an illegal immigrant, marking the latest unlikely alliance between the two justices.

Claims (31 extracted, 3 hedged)

Conservative Supreme Court Justice Neil Gorsuch has joined forces with liberal Justice Sonia Sotomayor to question the federal government's prosecution of an illegal immigrant, marking the latest unlikely alliance between the two justices. asserted
Gorsuch → join → justices
Gorsuch, appointed by President Donald Trump, and Sotomayor, appointed by former President Barack Obama, raised concerns about the government's decision to prosecute a Mexican national twice for being found unlawfully in the United States — even after a federal court prohibited him from leaving the Eastern District of Oklahoma following his first conviction. asserted
court → appoint → conviction
The unlikely pairing emerged Tuesday when the Supreme Court declined to hear an appeal from Jesus Herrera-Salazar, who argued that his second prosecution violated the Fifth Amendment's protection against double jeopardy. asserted
prosecution → emerge → jeopardy
Although the justices agreed the Court should not take up the case, Sotomayor issued a separate statement, joined by Gorsuch, warning of serious constitutional problems with the government's actions. asserted
Sotomayor → agree → actions
"From the moment he was released from custody after serving his first term of imprisonment, Herrera-Salazar was presented with a Hobson's choice," Sotomayor wrote in the statement joined by Gorsuch. asserted
Sotomayor → release → Gorsuch
"In the Government's eyes, whether Herrera-Salazar remained in the Eastern District of Oklahoma or left the United States, he would be breaking the law." asserted
he → remain → law
The two justices questioned how the government could punish someone for remaining in the country after effectively prohibiting him from leaving, with the pair's joint statement describing the situation as a "constitutional absurdity." Their agreement is particularly noteworthy given their differing judicial philosophies, but it is not the first time the pair has found common ground over constitutional protections against government action. uncertain
pair → question → action
In November 2024, Sotomayor and Gorsuch jointly questioned whether homeowners should be compensated when police destroy private property while carrying out law enforcement operations. asserted
police → question → operations
A few months later, they again joined forces to raise concerns about warrantless misdemeanor arrests. asserted
they → join → arrests
In both cases, as in the latest immigration dispute, the Court declined to hear the appeals, but the justices issued statements highlighting constitutional questions they believed deserved attention. asserted
they → decline → attention
The pair's latest expression of joint public concern came after Herrera-Salazar, a Mexican national previously removed from the United States, was indicted in 2020 for being found in the country following deportation, a violation of federal immigration law. asserted
Salazar → come → law
He pleaded guilty and served a prison sentence before being placed on supervised release, during which he was expressly prohibited from leaving the Eastern District of Oklahoma without authorization under the terms of his release. asserted
he → plead → release
While still under those restrictions, Herrera-Salazar was stopped by police in Heavener, Oklahoma, and subsequently charged again under the same federal immigration statute prohibiting previously deported individuals from being found unlawfully in the United States. asserted
Salazar → stop → States
A jury subsequently convicted Herrera-Salazar, resulting in another prison sentence and additional supervised release. asserted
jury → convict → sentence
The second prosecution prompted Herrera-Salazar to challenge his conviction on double-jeopardy grounds, arguing that the government had effectively punished him twice for the same continuous period of unlawful presence. asserted
government → prompt → presence
The U.S. Court of Appeals for the 10th Circuit rejected that argument, concluding that the offense is completed when authorities discover a person's unlawful presence and that a subsequent discovery can support a separate prosecution without requiring another illegal entry. asserted
discovery → reject → entry
Sotomayor and Gorsuch questioned that reasoning, pointing to Supreme Court precedent establishing that prosecutors cannot evade double-jeopardy protections simply by dividing one continuous crime into separate periods. asserted
prosecutors → question → periods
Their concern was not whether Herrera-Salazar had violated immigration law in the first place, but whether the government could repeatedly prosecute him for remaining in the United States without evidence of a separate unlawful reentry. uncertain
government → violate → reentry
The justices also highlighted that Herrera-Salazar's supervised-release conditions restricted him from leaving Oklahoma, meaning the government was effectively preventing him from ending the conduct for which it later prosecuted him again. asserted
it → highlight → him
Sotomayor warned that, under the government's interpretation, prosecutors theoretically could have brought separate charges against Herrera-Salazar for each day he remained imprisoned following his first conviction. uncertain
he → warn → conviction
The statement was issued despite the justices' agreement with the Court's decision not to review the case. asserted
statement → issue → case
Sotomayor explained that Herrera-Salazar had already been removed from the United States and expressed hope that the unusual circumstances surrounding his prosecution would not arise again. asserted
circumstances → explain → prosecution
Rather than dissenting from the Court's refusal to hear the appeal, Sotomayor and Gorsuch used what is formally known as a statement "respecting the denial of certiorari" to publicly identify constitutional concerns and urge lower courts to avoid similar problems in future cases. asserted
what → dissent → cases
The unusual collaboration follows two earlier cases in which Sotomayor authored statements joined by Gorsuch after the Supreme Court declined review. asserted
Court → follow → review
In November 2024, the pair raised concerns in Baker v. City of McKinney, a Texas case involving a homeowner whose property was extensively damaged during a police operation to apprehend an armed fugitive. asserted
property → raise → fugitive
Police had used tear gas, explosives and an armored vehicle during the standoff, leaving the home severely damaged. asserted
Police → use → home
Although the justices acknowledged that officers acted properly to protect public safety, they questioned whether the Constitution permits the government to impose the financial burden of such damage on an individual homeowner without compensation. asserted
Constitution → acknowledge → compensation
Meanwhile, in February 2025, Sotomayor and Gorsuch again joined forces, this time questioning whether the Fourth Amendment permitted police to make warrantless arrests for misdemeanors committed outside an officer's presence that they did not personally witness. asserted
they → join → that
That case involved a Florida man arrested for loitering and prowling after police responding to a report of suspicious activity encountered him walking through a residential neighborhood before dawn. asserted
police → involve → dawn
A subsequent search uncovered stolen mail, leading to a federal criminal charge. asserted
search → uncover → charge
Fox News Digital reached out to the SCOTUS chambers for comment but did not hear back in time for publication. asserted
Digital → reach → publication
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