After an Obama-appointed Illinois federal judge ruled the Second Amendment covers the gun rights of a particular illegal immigrant, Senate Intelligence Committee member Marco Rubio, R-Fla., called it the latest development on the left that intends to muddle the difference between a citizen and noncitizen.
Judge Sharon Johnson Coleman ruled a federal ban on illegal immigrants owning firearms unconstitutional specifically in the case of Heriberto Carbajal-Flores, who had previously been caught with a weapon in Chicago. Johnson Coleman moved to dismiss charges against Carbajal-Flores in the case.
Johnson Coleman wrote there is no "historical tradition of firearm regulation" that precludes a noncitizen who has not been convicted of a violent crime from constitutional gun ownership, while finding the federal ban "facially constitutional."
On "Hannity," Rubio criticized the ruling, saying forces on the left have long been "trying to… blur the line between citizenship and everything else — people that are here illegally."
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He noted how in other jurisdictions, policymakers have found ways to allow illegal immigrants voting rights. New York is one example of such in municipal elections. Illegal immigrants are still prohibited under federal law from voting in federal elections.
"[Y]ou almost wonder if it's not being done to sort of mock both gun laws and also the whole understanding of the value of being a citizen of the United States of America," Rubio said.
"There has to be a distinction between citizenship and non-citizenship — between being legally here and not legally here."
Rubio argued if the delineation between being a U.S. citizen and a foreign national is erased, citizenship loses its value, as do borders and immigration law.
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"This is just one more mockery that we're finding in our court system," he said, predicting the ruling will eventually be overturned in future litigation, calling Johnson Coleman's decision "absurd."
Rubio also called out President Biden's refusal to enforce federal immigration laws, as host Sean Hannity noted potential terrorists are crossing the border unhindered under the Democrat's tenure.
Rubio said a sector of the Democratic Party believes "people should be allowed to live anywhere in the world they want to live… that no country should be able to prevent people from coming in and out as they please," he said.
He noted Biden has signaled he is afraid of losing election-year support from that far-left flank, commenting how he "already lost the pro-Hamas people" over the administration's stance in the Israeli conflict.
"Now he's afraid to lose these guys."
