U.S. ban on 'encouraging' illegal immigration unconstitutional, court rules
By Daniel Wiessner
Court says law improperly bans "commonplace statements"
Ruling creates split with court that upheld law in 2011
(Reuters) - A U.S. appeals court on Wednesday ruled that a federal law making it a crime to "encourage or induce" non-U.S. citizens to enter or reside in the country illegally is unconstitutional because it could penalize free speech.
The 10th U.S. Circuit Court of Appeals in a 2-1 decision said the law, which is part of a broader statute barring human smuggling, criminalizes "vast amounts of protected speech" such as urging family members to remain in the U.S. after their visas expire or informing non-citizens about available social services.
"Although impossible to quantify with exact precision, these commonplace statements are likely repeated countless times across the country every day," Circuit Judge Nancy Moritz wrote.
https://www.reuters.com/legal/government/us-ban-encouraging-illegal-immigration-unconstitutional-court-rules-2022-07-13/?rpc=401&
