It is illegal to induce an alien to enter or remain in the United States illegally. It has been so for many years under Title 8 United States Code Section 1324, Bringing In or Harboring Certain Aliens. However, a group of Kritarchs have decided to overturn years of precedent and legal usage to declare that the First Amendment protects alien smugglers, corrupt politicians, and those with a personal relationship with an illegal alien to induce and encourage illegal activity.
This is not about a debate concerning whether this prohibition should be in Federal law, but a claim that aiding and abetting a crime is not a crime. Note that the analogy of this crime is also contained in Title 18 USC Section 2 Principals and 18 USC Section 3, Accessory After The Fact. Both are long standing statutes that criminalize not speech, but speech involving itself in a criminal offense. (As when an armed robber says “Hands up”, or a blackmailer says “Pay up!” )
The Supreme Court will decide whether a federal law that makes it a crime to “encourage or induce” someone to enter the country illegally violates the First Amendment.
The 9th U.S.
Circuit Court of AppealsCircus said the law is unconstitutional in December 2018. The justices added the case to the docket for their forthcoming term Friday.
“The provisions here are primarily directed at conduct, not speech,” the government’s petition to the high court reads. “To the extent they even reach speech, they do so only incidentally by prohibiting communications that foster unlawful activity by particular individuals, which have long been understood to be outside the scope of the First Amendment.”
The dispute involves an immigration consultant called Evelyn Sineneng-Smith. Federal prosecutors allege that she offered to enroll illegal aliens in a Department of Labor certification program for nearly $6,000. She allegedly did so knowing that her clients were not qualified, and were therefore guaranteed rejection.
[The Supreme Court Will Decide Whether Encouraging Illegal Immigration Is Protected Speech, by Kevin Daley, The Daily Caller, October 4, 2019]
The three judge panel on the 9th Circuit who made this ruling are Democrat judges. The law doesn’t seem to be part of their legal reasoning, only imposing their will on the nation, a dictatorship of judges, a kritarchy.