Ninth Circuit Strikes Part of the Alien Smuggling and Harboring Statute
Congress needs to clean up the INA to avoid interference from the courts
By Andrew R. Arthur on February 11, 2022
On February 10, the Ninth Circuit issued a decision in U.S. v. Hansen, involving an individual who ran a racket that purported to help aliens legalize their status through “adult adoption”. Hansen appealed his criminal conviction on two of 12 counts, which had to do with “encouraging or inducing” aliens to reside in the United States. The circuit court reversed on those counts, finding that the statute was overbroad and unconstitutional. Congress needs to clean up this and other provisions in the Immigration and Nationality Act (INA) to avoid interference by the courts.
The Smuggling and Harboring Statute. Section 274 of the Immigration and Nationality Act criminalizes certain activities associated with alien smuggling and harboring.
At issue in Hansen was section 274(a)(1)(A)(iv) of the INA, which states: “Any person who—encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law ... shall be punished” by fine or imprisonment.
A violation of that provision for “commercial advantage or private financial gain” is a felony that carries a jail sentence of up to 10 years; otherwise, it is still a felony, but the maximum punishment is five years.
https://cis.org/Arthur/Ninth-Circuit-Strikes-Part-Alien-Smuggling-and-Harboring-Statute
