US Supreme Court Upholds Law Against Encouraging Illegal Immigration

In a significant ruling, the US Supreme Court has upheld a law that criminalizes the act of encouraging illegal immigration, affirming that it does not infringe upon constitutional free speech protections.

The law, which has been in existence for a decade, has consistently been supported by the Biden administration.

With a majority 7-2 decision, the Supreme Court overturned a previous ruling by a lower court that had struck down a provision of the immigration statute. The case revolved around Helaman Hansen, a California resident who deceived immigrants through a fraudulent “adult adoption” program.

The lower court had argued that the law was excessively broad, potentially criminalizing speech protected by the First Amendment of the US Constitution.

The law specifically prohibits the inducement or encouragement of noncitizens to enter or reside in the United States illegally, including for financial gain.

According to the prosecution’s claims, Hansen successfully persuaded over 471 individuals to participate in his program, charging each one $10,000, despite knowing that the adult adoptions he promoted would not grant US citizenship. Authorities revealed that Hansen and his program amassed more than $1.8 million through this scheme.

However, the law was initially struck down by the 9th US Circuit Court of Appeals, based in San Francisco. The decision was further supported by the 10th US Circuit Court of Appeals, located in Denver, in a separate case.

The 9th Circuit Court contended that the law criminalized even common forms of speech, such as advising immigrants who are unlawfully present in the country to “reside in the United States” or informing them about available social services.

Contrarily, the Biden administration argued that the law does not encompass hypothetical scenarios mentioned by the 9th Circuit, such as merely encouraging undocumented immigrants to remain in the United States or providing information about available social services.

The administration urged the Supreme Court to reinstate this “essential tool for combating activities that contribute to illegal immigration.” This request was particularly significant due to the high volume of immigration-related litigation and criminal prosecutions taking place within the states under the jurisdiction of the 9th Circuit.

In conclusion, the US Supreme Court’s decision to uphold the law against encouraging illegal immigration solidifies the government’s stance on combatting unlawful activities while maintaining the balance between free speech rights and national security concerns.