Enticing illegal immigration isn’t protected free speech, the U.S. Supreme Court ruled.
In United States v Hansen, in a 7-2 vote, the court on Friday reversed and remanded the Ninth Circuit Court of Appeals decision, citing the arguments made by 25 Republican attorneys general in an amicus brief filed by the court.
Justice Amy Coney Barrett wrote for the majority and was joined by Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Elena Kagan, Neil Gorsuch and Brett Kavanaugh. Thomas filed a concurring opinion. Justice Ketanji Brown Jackson filed a dissenting opinion joined by Justice Sonia Sotomayor.
At issue is whether the federal prohibition on “encouraging” or “inducing” unlawful immigration for commercial advantage or private financial gain violates the First Amendment of the U.S. Constitution. The court ruled it does not.
A California resident, Helaman Hansen, ran a “scam,” the Supreme Court ruled, profiting $2 million by soliciting and “advising” foreign nationals who were illegally in the U.S. on how to obtain U.S. citizenship. He was convicted and sentenced for violating federal law, including on two counts of encouraging or inducing illegal immigration for private financial gain under 8 U.S.C. § 1324(a)(1)(A)(iv) (the “encouragement provision”) and (B)(i).
The encouragement provision of 8 U.S.C. makes it a felony to “encourage[] or induce[] an alien to come to, enter, or reside in the United States, knowing or in reckless disregard that such coming to, entry, or residence is or will be in violation of law.” Violating it carries a maximum penalty of five years in prison, which can be increased to a maximum of 10 years when the violation is committed “for the purpose of commercial advantage or private financial gain.”
