United States v. Hansen
Issues
Are 8 U.S.C. § 1324(a)(1)(A)(iv) and (B)(i), which ban encouraging or inducing unlawful immigration for commercial advantage or private financial gain, unconstitutionally overbroad in violation of the First Amendment?
This case asks the Court to analyze 8 U.S.C. § 1324(a)(1)(A)(iv) and (B)(i), to determine whether statutes criminalizing “encouragement or inducement” of immigration violations violate the First Amendment. The United States argues that subsection (A)(iv) is constitutional because solicitation and facilitation of illegal actions is not protected under the First Amendment. The United States further states that subsection (A)(iv) primarily punishes conduct rather than speech, and that subsection (A)(iv) cannot be challenged by an individual who was prosecuted under § 1324(a)(1)(B)(i). Hansen counters that subsection (A)(iv) unconstitutionally prohibits abstract advocacy of illegal action. Hansen also argues that subsection (A)(iv) punishes large amounts of protected speech in addition to conduct, and that Hansen was convicted under both subsection (A)(iv) and subsection (B)(i). This case touches on important questions regarding free speech, immigration advocacy, and state criminal statutes.
Questions as Framed for the Court by the Parties
Whether the federal criminal prohibition against encouraging or inducing unlawful immigration for commercial advantage or private financial gain, in violation of 8 U.S.C. § 1324(a)(1)(A)(iv) and (B)(i), is facially unconstitutional on First Amendment overbreadth grounds.
Helaman Hansen started his own immigration advising service and began to charge individuals for his services in October of 2012. United States v. Hansen at 1105. During the course of the program, Hansen would provide advice to undocumented immigrants on how to obtain United States citizenship. Id.
The authors would like to thank Professor Nelson Tebbe for his insights into this case.
Additional Resources
- Andrew Chung, U.S. Supreme Court to Consider Prohibition on Encouraging Illegal Immigration, Reuters (Dec. 9, 2022)
- Debra Cassens Weiss, Supreme Court will Consider Ban on Encouraging Illegal Immigration in case of ‘Adult Adoption’ Promoter, ABA Journal (Dec. 12, 2022)
- Supreme Court Takes Case on Immigration Scam Case, Associated Press (Dec. 9, 2022)