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SCOTUS To Hear Trump Case That Would Make It A Felony To Encourage Illegal Immigration

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The U.S. Supreme Court on Friday agreed to hear a bid by President Donald Trump’s administration to resurrect a federal law that makes it a felony to encourage illegal immigrants to come or stay in the United States after it was struck down by a lower court as a violation free speech rights.

In a case involving a California woman named Evelyn Sineneng-Smith convicted of violating the law, the justices will review a ruling by the San Francisco-based 9th U.S. Circuit Court of Appeals invalidating it for infringing on rights guaranteed under the U.S. Constitution’s First Amendment.

Federal prosecutors in 2010 brought charges against Sineneng-Smith, a U.S. citizen who ran an immigration consultancy in San Jose, accusing her of making money by duping illegal migrants into paying her to file frivolous visa applications while remaining in the country indefinitely. Her business primarily served Filipinos who worked as home healthcare providers.

Sineneng-Smith was convicted in 2013 of violating provisions of the decades-old federal law that bar inducing or encouraging an illegal immigrant to “come to, enter or reside” in the United States, including for financial gain. She also was convicted of mail fraud and was sentenced to 18 months in prison and three years of supervised release.

The 9th Circuit in 2018 ruled that the law must be struck down because it is overly broad and criminalizes even simple speech that is protected by the First Amendment. For instance, a grandmother could theoretically be charged under the law for telling her grandson whose visa has expired, “I encourage you to stay,” the 9th Circuit noted.

The court begins its next nine-month term on Monday.

In Trump administration’s appeal to the Supreme Court, Solicitor General Noel Francisco said the law is important to stopping those who enrich themselves by encouraging illegal immigration. The law targets only communication that fosters unlawful activity, which is not protected by the First Amendment, Francisco said in a filing.

Sineneng-Smith’s lawyers, urging the court to deny the case, argued that the law goes well beyond forbidding speech essential to a crime and covers both criminal and non-criminal immigration infractions. There are better ways to catch wrongdoers, her lawyers said, including provisions barring transporting or harboring illegal migrants.

Trump’s hardline stance toward immigration – legal and illegal – has been a fundamental part of his presidency and his 2020 re-election bid.

(Reporting by Andrew Chung; Editing by Will Dunham)

via thefederalistpapers

5 COMMENTS

  1. ENFORCE McCarren-Warren Immigration Act of 1952, keep Muslims out of USA !
    Islam is theocracy that is rooted in violence and depravity.

    God Bless American Citizens, our Christian-God Inspired Constitution FOR the USA that is obviously only good government for a free and moral People, and Bless and protect our patriotic and Christian President Donald Trump!

    Our Christian-God Inspired Constitution FOR the USA is obviously only good enough government for a free and moral People.

    The rest need dictators, socialism, communism, Islam, cults, etc. to guide and control them.

  2. Excellent! Illegal is illegal, PERIOD. Gee, wonder what the Democrats are going to do when they can’t promote OUR Country, and give them free food, lodging, health care and a right to vote? New Jersey won’t know what to do with itself, isn’t that right Booker?

    I would like to know what consequences will come to those elected officials who continue to use OUR Country to help their “lawbreakers”? I guess that’s why the “coup” was tried and failed. Keeping those borders open so that any illegal can slip in and get on the “books” AND if they want to vote in as many states as they like?

    Boy, New Jersey politicians, just like California is going to hate this. Where will their “free ride to victory” come from? Not from the REAL Americans here, who are tired of THEIR votes being wiped out because of illegals.

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