US can outlaw encouraging illegal immigration, says Supreme Court
US can outlaw encouraging illegal immigration, says Supreme Court
Robert Besser
27 Jun 2023, 03:08 GMT+10
- The US Supreme Court ruled that a federal law that makes it a crime for a person to encourage illegal immigration does not violate constitutional free speech protections
- The decades-old measure has been defended by President Joe Biden’s administration
- The case involved California resident Helaman Hansen, who deceived immigrants through a fake “adult adoption” program
WASHINGTON D.C.: The US Supreme Court ruled that a federal law that makes it a crime for a person to encourage illegal immigration does not violate constitutional free speech protections.
The decades-old measure has been defended by President Joe Biden’s administration.
Authored by Justice Amy Coney Barrett, the 7-2 ruling overturned a lower court’s decision to strike down the provision that is part of a wider immigration statute.
The case involved California resident Helaman Hansen, who deceived immigrants through a fake “adult adoption” program.
A lower court originally ruled that because it could criminalize speech protected by the US Constitution’s First Amendment, the law was overly broad.
Encouraging non-US citizens “to come to, enter or reside” in the US illegally, including for financial gain, is banned by the law.
Endorsing the Biden administration’s view of the law, Barrett wrote, “Properly interpreted, this provision forbids only the intentional solicitation or facilitation of certain unlawful acts.”
American Civil Liberties Union attorney Esha Bhandari, who helped in the representation of 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.”
Filing briefs supporting Hansen, various free speech, libertarian and press advocacy groups argued that the law threatens attorneys, doctors, scholars and anyone else who openly support immigration.
The case was one of two immigration-related rulings issued by the Supreme Court last week, when the justices also upheld the Biden administration’s efforts to narrow the scope of those who can be targeted by immigration agents for arrest and deportation.
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