Supreme Court Hears Arguments About Free Speech Challenge to Immigration Law

The Supreme Court of the United States heard arguments on Monday about whether or not a federal law that criminalizes the act of "encouraging" undocumented immigrants to enter or remain in the country is unconstitutional. Advocates of overturning the law argue that the legal definition of "encourage" is vague and overly broad, and could prevent people from engaging in constitutionally-protected speech. Opponents of the challenge argue that the law has been in place for 70 years and has yet to interfere with free speech protections. The case was brought to the court after defendant Helaman Hansen was found guilty of encouraging over 400 non-citizens to come or remain in the US illegally by defrauding them of more than $1.8 million. A jury found Hansen guilty of encouraging two counts of illegal immigration as well as conducting multiple counts of mail and wire fraud. In 2019, an appeals court overturned the immigration charges holding that the term "encourage" can apply to plenty of lawful immigration advice and advocacy activities.

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