Ninth Circuit Holds That Criminal Penalties for Encouraging or Inducing Illegal Immigration Violate First Amendment [March 8, 2022] [open pdf - 727KB]
From the Document: "The Immigration and Nationality Act (INA) governs the admission, removal, and presence of non-U.S. nationals ('aliens', as the term is used in the INA [hyperlink]) in the United States. Although it is generally not a crime [hyperlink] for a removable alien to be present in the United States, Congress has established criminal sanctions for certain conduct [hyperlink] that undermines immigration rules. Under 8 U.S.C. § 1324 [hyperlink], it is a crime for an individual to smuggle, transport, harbor, or conceal unlawfully present aliens. One provision of this statute--8 U.S.C. § 1324(a)(1)(A)(iv) [hyperlink] (subsection (iv)--makes it a crime for any individual to 'encourage or induce an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of the law.' The INA does not define the terms 'encourage' or 'induce,' which has led to some debate over the type of conduct encompassed by subsection (iv). [...] This Legal Sidebar discusses the recent decision of the United States Court of Appeals for the Ninth Circuit (Ninth Circuit) in 'United States v. Hansen' [hyperlink], in which the court held that the criminal offense of encouraging or inducing illegal immigration under subsection (iv) violates the First Amendment."
CRS Legal Sidebar, LSB10705
Congressional Research Service: https://crsreports.congress.gov/