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Supreme Court upholds criminal provision on inducing immigration

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Justices overturn lower court that found it violated free speech protections

The Supreme Court on Friday upheld a provision under federal criminal law aimed at punishing people who encourage illegal immigration, ruling that it should not be struck down over free speech concerns.

In a 7-2 opinion written by Justice Amy Coney Barrett, the court overturned a lower court ruling that had found the provision was unconstitutionally overbroad under the First Amendment because it covered too many commonplace statements.

Barrett wrote that the provision, which makes it a felony if someone “encourages or induces” a person to violate federal immigration law, does not prohibit enough speech to justify throwing it out.

“Properly interpreted, this provision forbids only the intentional solicitation or facilitation of certain unlawful acts,” Barrett wrote.

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Source: https://rollcall.com/2023/06/23/supreme-court-upholds-criminal-provision-on-inducing-immigration/


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