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U.S. Supreme Court To Examine Outlawing Encouraging Illegal Immigration
If we look at the data on illegal immigration, we can see that the number is expanding, which is something to be concerned about. President Joe Biden recently attempted to bring the case before the United States Supreme Court.
The US Supreme Court agreed to consider a petition to resurrect federal legislation on Friday. The law’s primary goal is to make “illegal immigration” a criminal offense. Previously, a similar appeal was filed with a lower court. However, it was overturned by a court as a breach of free speech rights.
The judges, according to reports, heard the administration’s appeal of a February verdict. The 9th US Circuit Court of Appeals in San Francisco issued this decision. It has declared the law unconstitutional for infringing on rights provided by the First Amendment to the United States Constitution.
Helaman Hansen, a California man, had his conviction partially overturned by the 9th Circuit’s decision. Hansen had been charged with a crime, according to updates.
The Issue Has Been There Since The 2020 Filing
According to the sources, a similar scenario also occurred in 2020. However, the Supreme Court did dismiss it and left it open-ended.
The Hansen case is somewhat difficult. Hansen was accused of tricking undocumented immigrants between 2012 and 2016. He guaranteed those immigrants that they would be able to become citizens of the United States.
He was the driving force behind his company’s supposed “adult adoption” program, which was run out of Sacramento. His company, Americans Helping America Chamber of Commerce, was also mentioned in the federal government’s accusations.
According to data compiled by the authorities, as many as 471 people had been taken advantage of by Hansen. By costing each $10,000, Hansen convinced them to sign up for his program.
The issue was that adult adoptions were not a valid route to obtaining American citizenship. Despite the fact that Hansen was aware of this, he continued to support his scheme, making millions from the scam.
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9th Circuit Ruling
Hansen is familiar with this situation because he was previously found guilty in 2017. According to the accusations that he had broken the federal law’s prohibitions, he was also found guilty.
A non-invitation for citizens to enter the country illegally or their encouragement to do so was allegedly started by Hansen. He was also found guilty of wire fraud and fraud charges in addition to the other charges.
Despite being found guilty and receiving a 20-year prison sentence, it appears that Hansen did not learn from his mistake.
The decision was strangely rendered when the Federal Government filed an appeal in February. The encouragement statute is unconstitutional, according to a ruling made by the 9th Circuit in February.
The law in question is too broad, according to the statement. Even everyday speech protected by the First Amendment becomes illegal as a result.
Examples include promising undocumented immigrants that they can seek shelter on American territory or informing them of the availability of social programs.
The 9th Circuit upheld Hansen’s other convictions in a concluding statement. Thus, a new sentence was ultimately ordered for Hansen. The problem of illegal immigration seriously affects both American soil and its boundaries.
It might also contribute to escalating the threats to internal security if it is left uncontrolled. At this point, the Biden administration is pleading with the Supreme Court to take up the case. Also criticizing the appeals court was in its most recent petition.
The appeals court got itself into trouble for rejecting a crucial instrument for preventing illegal immigration. A decision must be made by June 2023 once the matter has been heard within the court’s current term.