Law Criminalizing ‘Encouragement or Inducement’ of Immigrants to Live in the US Unlawfully Is Upheld in SCOTUS Case

 

Written by Kelly Chauvin, Summer 2023 Legal Intern for the American Immigration Council

Last month, the U.S. Supreme Court held that a section of immigration law that forbids “encourag[ing] or induc[ing]” a non-citizen to enter or reside in the United States did not violate the U.S. Constitution’s protection of free speech guaranteed in the First Amendment. The Court’s decision, however, places certain limits on the statute’s application.

The case of U.S. v. Hansen involved the prosecution of a fraudster whom the government charged with violating the “encouragement and inducement” statute after he scammed immigrants by promising them a path to U.S. citizenship through adult adoptions. Unfortunately for the victims, this path does not exist.

In fighting the charges, the defendant argued the “encourage or induce” subsection was unconstitutional because in its effort to regulate unprotected speech—like criminal conduct—the law risked infringing on protected speech.

More information https://www.inmigracionyvisas.com/a5789-in-the-US-Is-Upheld-in-SCOTUS-Case.html