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1 1 (July 10, 2023)

handle is hein.crs/govemdz0001 and id is 1 raw text is: Congressional_______ Research Service Supreme Court Rules That Statutory Criminalization of Encouraging or Inducing Illegal Immigration Is Not Facially Overbroad Under the First Amendment July 10, 2023 On June 23, 2023, the Supreme Court ruled in United States v. Hansen that the federal criminal offense of encouraging or inducing an alien to come to, enter, or reside in the United States unlawfully is not facially overbroad in violation of the Free Speech Clause of the First Amendment. The Court's decision in Hansen follows on the heels of United States v. Sineneng-Smith, a case heard in the October 2019 term concerning the same issue. In that case, the Court did not reach the underlying substantive First Amendment issue and instead reversed and remanded the appellate court's ruling on procedural grounds. The Court's decision in Hansen resolves the substantive question by concluding that this statutory provision does not violate the First Amendment on its face. This decision raises significant considerations for Congress about the scope of the Immigration and Nationality Act's (INA's) statutory scheme that penalizes those who facilitate unlawful entry or presence in violation of immigration rules. Legal Framework Criminal Penalties for Encouraging or Inducing Illegal Immigration The First Amendment challenges in both Sineneng-Smith and Hansen arose from prosecutions under a statute that imposes criminal penalties for immigration-related conduct. The INA punishes individuals, both aliens and U.S. citizens and nationals alike, who commit certain acts related to facilitating the unlawful entry of an alien and, once in the United States, transporting within and harboring, concealing, or shielding an alien from detection by immigration authorities while knowing or in reckless disregard that the alien has come to, entered, or remains in the United States in violation of law. The statutory provision at issue in Hansen-8 U.S.C. § 1324(a)(1)(A)(iv) (Subsection (iv))-penalizes any person who encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law. Congressional Research Service https://crsreports.congress.gov LSB11003 CRS Legal Sidebar Prepared for Members and Committees of Congress

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