SCOTUS: Law That Criminalizes Encouraging Illegal Immigration IS Constitutional

The United States Supreme Court recently ruled that a federal law making it a crime to encourage illegal immigration does not violate constitutional free speech.

In the 7-2 ruling authored by Justice Amy Coney Barrett, SCOTUS overturned a lower court’s decision to strike down the provision, “part of a larger immigration statute, in a case involving a California man named Helaman Hansen who deceived immigrants through a phony “adult adoption” program,” reports Reuters.

Reuters adds, “The measure bars inducing or encouraging noncitizens ‘to come to, enter or reside’ in the United States illegally, including for financial gain.”

Justice Barrett wrote in her majority opinion:

Properly interpreted, this provision forbids only the intentional solicitation or facilitation of certain unlawful acts.

Barrett added that the law does not prohibit a substantial amount of protected speech.

Reuters concluded:

Liberal Justices Ketanji Brown Jackson and Sonia Sotomayor dissented from the decision.

American Civil Liberties Union attorney Esha Bhandari, who helped represent Hansen, said, “As written by Congress, the law has left people wondering what they can safely say on the subject of immigration. Now we expect the government to respect free speech rights and only enforce the law narrowly going forward.”

Various free speech, libertarian and press advocacy groups had filed briefs backing Hansen, urging the justices not to trust government promises of limited prosecutions. These groups argued that the law threatens attorneys, doctors, scholars and anyone else who speaks in support of immigration.

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