Supreme Court Plans to Determine If Encouraging an Illegal Alien Invasion is Protected Speech
Jose Nino
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In the spring, the Supreme Court will determine the constitutionality of a law that makes it illegal to encourage illegal aliens to reside in or come to the United States — aka the encouraging an illegal alien invasion.
A few years ago, the court reviewed arguments regarding the same issue. Several of the arguments indicated that the law violated the First Amendment due to how it could potentially criminalize everyday statements.
During this period, Justice Brett Kavanaugh inquired if a charity that gave food to “people who can’t get it elsewhere and they know that the people taking advantage of that are here unlawfully” was committing a felonious act.
Chief Justice John Roberts put forward a scenario of “a grandmother whose granddaughter is in the United States illegally.” He asked if the grandmother would be engaging in a criminal activity if she asked her granddaughter to stay in the country.
Justice Sonia Sotomayor argued that legal advice would be covered by this law.
However, the court unanimously decided to not issue a ruling in this case because the First Amendment question was not raised by the parties involved in the case, which also includes the parties who filed amicus briefs.
In December, the Supreme Court agreed to decide a case dealing with prosecution under the 1986 law after the defendant challenged it using First Amendment arguments.
Helaman Hansen was convicted of violating the law by charging hefty fees to assist immigrants get citizenship through adult adoption. In addition, the defendant was charged with mail and wire fraud due to how it was discovered to be a scam.
“Hansen admitted to federal agents that no one had achieved US citizenship through the program, and it is not possible to become a US citizen through adult adoption,” Judge Ronald Gould wrote for the panel of the Ninth Circuit’s Court of Appeals. The panel upheld the fraud convictions but overturned the conviction under the 1986 law.
In the ruling, Gould wrote that the law was unconstitutional owing to “many commonplace statements and actions could be construed as encouraging or inducing an undocumented immigrant to come to or reside in the United States.” He continued by noting that for someone to commit a felony they would have to “knowingly” tell an “undocumented immigrant ‘I encourage you to reside in the United States’.”
Illegal immigration is a massive violation of national sovereignty and any entity or individual who encourages this practice must be punished severely. They have no business using First Amendment protections to justify this subversive activity. There comes a point when we must take heavy-handed actions against anti-social measures to demonstrate that nationalists mean business. We can no longer let our mighty Republic be undermined by anti-American cultural radicals.
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