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Ninth Circuit Strikes Down Law Making it a Felony to Encourage or Induce Undocumented Immigration

Posted Dec 20, 2018

The Ninth Circuit has ruled that an immigration law provision making it illegal to encourage or induce an undocumented immigrant to stay in the country without authorization is unconstitutional. In an opinion written by Judge A. Wallace Tashima, a three-judge panel found that 8 U.S.C. §1324(a)(1)(A)(iv) was overly broad in violation of First Amendment free speech protections. The appeal was brought by Evelyn Sineneng-Smith, who operated an immigration consulting firm in California. See Josh Gerstein, Politico; Metropolitan News-Enterprise.