{"id":86841,"date":"2018-12-11T11:03:46","date_gmt":"2018-12-11T16:03:46","guid":{"rendered":"https:\/\/sentencing.net\/?p=86841"},"modified":"2019-11-05T16:04:02","modified_gmt":"2019-11-05T21:04:02","slug":"aiding-illegal-immigrants","status":"publish","type":"post","link":"https:\/\/sentencing.net\/appeal\/aiding-illegal-immigrants","title":{"rendered":"Aiding Illegal Immigrants: Law and Free Speech"},"content":{"rendered":"\n\t
It seems logical that it is illegal to assist undocumented or illegal immigrants in entering the U.S. without following any of the immigration procedures. However, the question of an immigration consultant providing aid to an undocumented or illegal immigrant is a bit more complex. Does a prohibition on advising someone who resides in the U.S. without proper documentation violate the First Amendment by restricting an individual’s free speech? This is the issue that the Ninth Circuit Court of Appeals recently tackled in the case of\u00a0United States v. Sineneng-Smith<\/em>.<\/p>\n
Unpacking the Crime of Aiding Illegal Immigrants and First Amendment Concerns<\/h2>\n
Pursuant to 8 U.S.C. \u00a7 1324(a)(1)(A)(iv) and \u00a7 1324(a)(1)(B)(i), it is illegal for anyone to encourage or induce an illegal immigrant to reside in the U.S. The “encourage or induce” language of the statute has recently come under intense scrutiny as potentially violating free speech protections of the First Amendment given its inherently broad implications. Some contend that the way the statute is written makes it a crime for anyone to speak out in support of illegal immigrants coming into the U.S.<\/p>\n
Aiding Illegal Immigrants<\/p><\/div>\n
On the other hand, the Department of Justice contends that the statute is merely intended to apply to those who offer actual assistance to persons attempting to enter and reside in the U.S. illegally. They argue that the statute is not meant to curtail free speech in any way and is not used as a way to prevent people from speaking out against immigration policies.<\/p>\n
The Background of\u00a0United States v. Sineneng-Smith<\/em><\/h2>\n