Posted on 11/11/2019 7:37:18 PM PST by Theoria
A 1986 federal law makes it a crime to “encourage” unauthorized immigrants to come to or stay in the United States.
“The statute potentially criminalizes the simple words — spoken to a son, a wife, a parent, a friend, a neighbor, a co-worker, a student, a client — ‘I encourage you to stay here,’” Judge A. Wallace Tashima wrote last year for a unanimous panel of the United States Court of Appeals for the Ninth Circuit, in San Francisco, in striking down the law.
The law applies to a grandmother urging a grandchild to overstay a visa or a lawyer advising a client to stay in the country while fighting deportation, Judge Tashima wrote. It may cover public officials helping immigrants in sanctuary cities and perhaps even speeches at immigration rallies, he wrote.
Last month, the Supreme Court agreed to decide whether the law can be squared with the First Amendment. The case, United States v. Sineneng-Smith, No. 19-67, is one of several significant immigration matters on the court’s docket. On Tuesday, the court will hear arguments on whether the Trump administration can rescind protections for so-called Dreamers. Later in the term, it will consider whether immigrants can go to court to challenge orders calling for their expedited removal.
The First Amendment case concerns Evelyn Sineneng-Smith, who ran an immigration consulting firm in San Jose, Calif. Her clients, mostly from the Philippines, worked without authorization in the home health care industry.
(Excerpt) Read more at nytimes.com ...
Will Roberts once again trash the Constitution? I think it is quite possible.
I would think offering free healthcare and social benefits to illegals is encouragement.
Government employees, Bureaucrats, Politicians, it should be a crime to advise anyone to break the law
However a private citizen, it should not
A cop telling you to rob a bank is a lot different then some guy on an internet forum telling you should rob a bank....
That is how I look at it.
Roberts the very weak link
Lawyers advising clients to break that law, should be considered malpractice and lose their law license
Problem solved
Democrats are all guilty of encouraging illegal immigration.
I still believe they have something either incriminating or extremely embarrassing on him.
So are republicans. Nobody is every held accountable.
Evelyn Sineneng-Smith, who ran an immigration consulting firm in San Jose, Calif. Her clients, mostly from the Philippines, worked without authorization in the home health care industry.
Gosh, was that wrong? Because, if I'd known it was illegal, well, I'd have done it anyway. Thanks Theoria.
If this gets overturned, what happens to so-called “hate crimes” laws?
“A cop telling you to rob a bank is a lot different then some guy on an internet forum telling you should rob a bank....
That is how I look at it.”
What about a priest telling others it is good to steal stuff you do not like and distory it?
However a private citizen, it should not
You're right but in practice it is just the opposite.
It used to be illegal to encourage criminality.
Is that no longer the case ?
That’s the law that Congress passed, but we won’t be allowed to keep it, the rule of law or our country.
Democrats are all guilty of encouraging illegal immigration.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
As is every Bush League Republican.
Not much better inducement than promises of amnesty.
Don’t care
Freedom of speech
This “should” be a slam dunk case for President Trump. If Obama had the power to create DACA on his own then President Trump should have the power to stop the DACA program.
Well let’s see, is it a crime to encourage someone to rob a bank? Is it a crime to encourage someone to commit murder?
Yes. It's called abetting.
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