Supreme Court

Justices divided on the constitutionality of the federal law that bans “encouraging” immigrants to remain unlawfully in the United States

Justices divided on the constitutionality of the federal law that bans “encouraging” immigrants to remain unlawfully in the United States

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Both oral advocates faced fairly cold receptions on Monday morning in United States v. Hansen when the Supreme Court heard argument on whether 8 U.S.C. § 1324(a)(1)(iv), the federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully, violates the First Amendment’s guarantee of freedom of speech.  

The argument also shed more light on the newer justices’ views on the freedom of speech. The newly reconfigured Court appears less strongly … Read the rest

Supreme Court

Second chance to evaluate ban on encouraging unlawful immigration

Second chance to evaluate ban on encouraging unlawful immigration

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Two years ago, in United States v. Sineneng-Smith, the justices reversed a circuit-court decision that struck down a federal law criminalizing the act of “encourag[ing] or induc[ing]” noncitizens to enter or remain in the United States for financial gain. The court’s unanimous but procedural ruling dodged the larger question … Read the rest