Ban on Encouraging Illegal Immigration Not Unconstitutional: Supreme Court

Contact Your Elected Officials
The Epoch Times Header

A U.S. law that bars encouraging illegal immigration for advantage or gain is lawful, the Supreme Court ruled on June 23.

“After concluding that this statute criminalizes immigration advocacy and other protected speech, the Ninth Circuit held it unconstitutionally overbroad under the First Amendment. That was error,” Justice Amy Coney Barrett, a Trump appointee, wrote for the majority.

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

The law in question prohibits encouraging or inducing illegal immigration for “commercial advantage or private financial gain.”

The case was brought to the nation’s highest court by the government.

A man named Helaman Hansen was convicted in 2017 by a jury in California of violating the law as well as committing wire fraud. He was sentenced to 20 years in prison.

According to evidence disclosed during the trial, Hansen from 2012 to 2016 sold memberships to a “migration program” that falsely promised people they could become U.S. citizens.

“A central feature of the program was the fraudulent claim that immigrant adults could achieve U.S. citizenship by being legally adopted by an American citizen and completing a list of additional tasks,” U.S. prosecutors said previously.

Not one of the approximately 500 people who paid Hansen as much as $10,000 became a citizen. Federal authorities had told Hansen as early as 2012 that aliens adopted after turning 16 could not obtain citizenship.

Hansen’s lawyers argued that the law infringes on rights conferred by the U.S. Constitution’s First Amendment so much that it should not apply to anyone.

A panel of the U.S. Court of Appeals for the Ninth Circuit in 2022, agreed, vacating the convictions for inducement.

“It is clear that subsection (iv) covers a substantial amount of protected speech. Many commonplace statements and actions could be construed as encouraging or inducing an undocumented immigrant to come to or reside in the United States. For example, the plain language of subsection (iv) covers knowingly telling an undocumented immigrant ‘I encourage you to reside in the United States,’” U.S. Circuit Court Judge Ronald Gould, a Clinton appointee, wrote for the majority.

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Kamala, Please Run Again

Kamala Harris hinted she wants to run for President in 2028, despite poor poll numbers and her loss in 2024. If she runs, the big winners will be the GOP.

Rosie O’Donnell vs. Her Therapist

Rosie O’Donnell's therapist attempted to artfully introduce to her client to the possibility that Rosie's outrage might be performative. It didn’t take.

Hamas’s Stubborn Grip on Arms Signals No Desire for Genuine Peace

Hamas’s rhetoric reflects its founding ideology, prioritizing armed resistance over civilian welfare or diplomatic progress.

Off the radar

In the longstanding and brutal ledger of religious persecution, Nigeria now occupies its own grim chapter with its enduring pogrom against Christians.

The New Jackboots? A Wake-Up Call on Antifa and Fascism

An analysis of whether Antifa truly opposes fascism by comparing its tactics and behavior to historical signs and movements of fascist regimes.

USDA Says SNAP Benefits Will Expire for 41 Million People If Shutdown Persists

More than 41 million Americans will go without food stamps next month if Congress does not vote to reopen the government in time.

Newsom Confirms He’s Considering 2028 Presidential Bid

California Gov. Gavin Newsom said he will seriously consider a presidential campaign after the 2026 midterms are over.

‘Showing Up in Droves’—Gen Z Trades Graduation Caps for Hard Hats

The share of Generation Z workers in the construction labor force more than doubled between 2019 and 2023, according to a recent report.

Dallas Doctor Surrenders License After Texas AG Sues for Prescribing Gender Transition Drugs to Minors

Doctor surrendered her medical license following lawsuit by Texas AG Paxton, accusing her of illegally prescribing gender transition drugs to minors.

Trump Hikes Canada’s Tariffs by 10 Percent for Not Pulling Anti-Tariff Ad Immediately

Trump announced he will increase tariffs on Canada by 10% after ad by provincial government of Ontario misrepresented President Reagan’s speech on tariffs.

Trump Rolls Back Emissions Rules on Copper Smelters

President Trump issued a proclamation aimed at reversing a Biden-era environmental rule that enforced stricter air emission standards on copper smelters.

Donor Gives $130 Million to Cover Shortfall in Troop Pay During Shutdown

Trump announced on Oct. 23 that an anonymous donor sent $130M to cover military pay during the ongoing government shutdown.

‘Frustration’ With Canada Led to Trump Scrapping Talks, Not Just Ontario’s Ad: US Official

President Trump cited Ontario’s TV ad as the reason for halting Canada trade talks, but officials say it stems from rising U.S. frustration with Ottawa.
spot_img

Related Articles

Popular Categories

MAGA Business Central