SCOTUS Looks At Whether Law Against Encouraging Illegal Immigration Violates Free Speech

This should be interesting, and probably full of legal gobbledegook. Is encouraging someone to commit a federal crime free speech?

US Supreme Court examines law against encouraging illegal immigration

The U.S. Supreme Court on Monday will consider whether a federal law that made it a crime for a person to encourage illegal immigration violates constitutional free speech protections in a case involving a California man who deceived immigrants through a phony “adult adoption” program.

The justices are due to hear arguments in an appeal by President Joe Biden’s administration of a lower court’s decision to strike down the decades-old provision, part of a larger immigration statute, as overly broad because it may criminalize legitimate speech protected by the U.S. Constitution’s First Amendment.

In invalidating the law, the San Francisco-based 9th U.S. Circuit Court of Appeals threw out the 2017 conviction of Helaman Hansen for violating the provision, which bars inducing or encouraging noncitizens “to come to, enter or reside” in the United States illegally, including for financial gain.

Hansen also was convicted of mail and wire fraud and sentenced to 20 years in prison. He is out of prison while his appeal is pending.

Federal prosecutors accused Hansen of deceiving immigrants in the United States illegally by promising them between 2012 and 2016 that they could gain American citizenship through an “adult adoption” program operated by his Sacramento-based business, Americans Helping America Chamber of Commerce.

It’s interesting that the Biden admin/DOJ want to support the provision (I’m assuming it is Title 8, U.S.C. 1324(a)(1)(A)(iv)), as Democrats are constantly encouraging/inducing people to come to the U.S. illegally and stay illegally.

The prosecution said Hansen persuaded at least 471 people to join his program, charging each of them up to $10,000 even though he “knew that the adult adoptions that he touted would not lead to U.S. citizenship.” Hansen and his program collected more than $1.8 million through the scheme, authorities said.

In its February 2022 ruling striking down the law, the 9th Circuit ruled that it criminalizes even commonplace speech such as telling immigrants who are in the country illegally, “I encourage you to reside in the United States,” or advising them about available social services. The 9th Circuit upheld Hansen’s other convictions and ordered that he be resentenced.

Hansen should be in jail for the fraud in that 1st paragraph. As to the free speech portion, people are rarely prosecuted for it, but, we know how the liberals on the Court will vote. What will the Constitutional Conservatives rule? On one hand, you have a stringent belief in the 1st Amendment provision of free speech, and Congress did make a law. However, there is no free speech when it comes to encouraging/inducing people to commit an illegal act. However, this is usually held when encouraging someone to commit a felony, and illegal entry is not a felony, at least not the first offense. We should have the ruling by June.

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