The Supreme Court Will Decide Whether Encouraging Illegal Immigration Is Protected Speech The dispute involves an immigration consultant called Evelyn Sineneng-Smith
Daily Caller - October 6, 2019
Image Credits: HECTOR MATA/AFP/Getty Images.
The Supreme Court will decide whether a federal law that makes it a crime to “encourage or induce” someone to enter the country illegally violates the First Amendment.
The 9th U.S. Circuit Court of Appeals said the law is unconstitutional in December 2018. The justices added the case to the docket for their forthcoming term Friday.
“The provisions here are primarily directed at conduct, not speech,” the government’s petition to the high court reads. “To the extent they even reach speech, they do so only incidentally by prohibiting communications that foster unlawful activity by particular individuals, which have long been understood to be outside the scope of the First Amendment.”
The dispute involves an immigration consultant called Evelyn Sineneng-Smith. Federal prosecutors allege that she offered to enroll illegal aliens in a Department of Labor certification program for nearly $6,000. She allegedly did so knowing that her clients were not qualified, and were therefore guaranteed rejection.
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