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Immigration,
Constitutional Law,
9th U.S. Circuit Court of Appeals

Dec. 5, 2018

9th Circuit strikes down law criminalizing the encouragement of illegal immigration

A federal law making it a felony to encourage a foreigner to enter or remain in the United States illegally is unconstitutional, the 9th U.S. Circuit Court of Appeals has ruled, saying the statute violates the First Amendment’s free speech protections.

9th Circuit strikes down law criminalizing the encouragement of illegal immigration
TASHIMA

A federal law making it a felony to encourage a foreigner to come to or remain in the United States illegally is unconstitutional, the 9th U.S. Circuit Court of Appeals has ruled, saying the statute violates the First Amendment's free speech protections.

In a unanimous opinion published Tuesday, a three-judge panel of the court said the law criminalizes constitutionally protected speech. The only check on the law's scope is prosecut...

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