In the 1997 case United States v. Hernan Ramirez, the defendant was charged with illegal re-entry into the U.S after deportation due to a criminal conviction. The key issue in this case revolved around whether or not Mr. Ramirez had given "free and voluntary" consent for law enforcement officers to enter his home without a warrant, which led to his arrest and subsequent charges. The defense argued that because English was not Mr. Ramirez's first language, he did not fully understand what he was consenting to when he allowed officers into his home; therefore, any evidence obtained during this entry should be suppressed as it violated Fourth Amendment rights against unreasonable searches and seizures. The Supreme Court ruled against Mr.Ramirez stating that even though English wasn't his first language, there were no indications of coercion or deceit by law enforcement officials during their interaction with him at his residence; hence they concluded that consent had been freely given despite any potential language barrier issues.

The dissenting opinion in the case of United States v. Hernan Ramirez argued that the majority's interpretation of 8 U.S.C. §1326, which makes it a crime for any alien who has been deported to reenter the country without express consent from the Attorney General, was too broad and could potentially lead to unjust outcomes. The dissenters believed that this statute should only apply if an individual knowingly violates their deportation order by intentionally returning to the U.S., not simply because they were found within its borders after being deported. They pointed out that there are many ways someone might end up back in America unknowingly or unintentionally - such as being kidnapped or tricked into crossing the border - and these individuals should not be treated as criminals under §1326. Therefore, they disagreed with applying a strict liability standard here where mere presence in America post-deportation is enough for criminal charges regardless of intent or knowledge about one’s illegal status.