The Right Needs Real America First Journalism
There's No Safe Place for Women in Europe
CNN’s Less-Than-Energetic Epstein Revelation, and ABC Declares Trump Killed the Planet in...
Trump’s Favorite Movies Warn Us About Netflix’s Dangerous Power Grab
How America Has Destroyed Its Democracy, Part One: 'Democracy Is Most Vile'
Our Forthcoming Decades-Long in the Struggle for Liberty
Can the US Grid Handle the Next Winter Storm Fern – or Major...
The Movement for Peace in Venezuela: A Mother’s Plea
Judge Rejects Climate Dogma, Begins to Restore Integrity
Greenpeace, Europe, and the Challenge to American Courts
How the U.S. Congress Can Extend American Influence in Eurasia
We Don’t Know How Much China Pollutes – but Now We Can
Ohio Bar Must Investigate Democrat State AG Candidate’s Threat to Kill President Trump
Virginia Democrats Take ‘Elections Have Consequences’ to New Lows
JPMorgan’s Debanking Excuse Doesn’t Hold Up
Tipsheet

Ninth Circuit: Law Barring People From Encouraging Illegal Aliens to Enter U.S. Is Unconstitutional

Ninth Circuit: Law Barring People From Encouraging Illegal Aliens to Enter U.S. Is Unconstitutional

The Ninth Circuit Court of Appeals on Tuesday struck down a law that makes it a crime to "encourage or induce” someone to come to the United States illegally. 

Advertisement

According to the Court, the law violates people's First Amendment rights because "it criminalizes a substantial amount of protected expression in relation to its narrow band of legitimacy prohibited conduct and unprotected expression."

"We do not think that any reasonable reading of the statute can exclude speech. To conclude otherwise, we would have to say that 'encourage' does not mean encourage, and that a person cannot 'induce' another with words," Judge A. Wallace Tashima wrote in the Court's opinion. "At the very least, it is clear that the statue potentially criminalize the simple words – spoken to a son, a wife, a parent, a friend, a neighbor, a coworker, a student, a client – 'I encourage you to stay here.'"

Judges Marsha Berzon and Andrew Hurwitz agreed with the opinion. And, of course, all three of them were appointed by Democrats.

The case, United States of America v. Evelyn Sineneng-Smith, was brought about when Sineneng-Smith, a former immigration attorney in San Jose, California, told her clients in the U.S. on visas that they would apply for permanent residence by applying for labor certification from Department of Labor. 

Advertisement

Related:

ILLEGAL ALIEN

According to a 2015 press release from Immigration and Customs Enforcement, Sineneng-Smith charged each client $5,900 to file the DOL certifications, despite knowing that her clients wouldn't qualify for the benefit under current law.

She was eventually found guilty and sentenced to 18 months in jail as well as a $15,000 fine for "encouraging illegal immigration for private financial gain, mail fraud, and willfully contributing to a fraudulent tax return."

Join the conversation as a VIP Member

Recommended

Trending on Townhall Videos

Advertisement
Advertisement
Advertisement