Supreme Court Says INA Provision That Criminalizes Encouraging Illegal Immigration Is Not Unconstitutionally Overbroad

The U.S. Supreme Court held that INA §274(a)(1)(A)(iv), which criminalizes “encouraging or inducing” illegal immigration, forbids only the purposeful solicitation and facilitation of specific acts known to violate federal law, and is thus not unconstitutionally overbroad under the First Amendment. The Court reasoned that, properly interpreted, the provision forbids only the intentional solicitation or facilitation of certain unlawful acts, and does not prohibit “a substantial amount of protected speech,” nor enough to justify throwing out the law’s “plainly legitimate sweep.” (United States v. Hansen, 6/23/23)