Encouraging illegal immigration to the United States is a federal crime according to the U.S. Supreme Court. The Court agreed with the U.S. Justice Department and disagreed with a lower court that said the law went against freedom of speech, which is protected by the First Amendment. The lower court’s decision was seen as going too far in protecting speech.
The law allows the U.S. government to take legal action against individuals who help with illegal immigration. It is a crime to encourage illegal immigration by providing support to someone who is in the country illegally. However, simply saying benign things in support of illegal immigration does not justify prosecution. This means that freedom of speech is not limited. According to Supreme Court Justice Amy Coney Barrett, who wrote the majority opinion, the law only forbids intentionally soliciting or helping with certain illegal activities.
This is the second time the Supreme Court has looked at whether this law is constitutional. Three years ago, the court heard a similar case, but it did not consider the First Amendment in that decision.
If you have any questions about immigration matters, please contact us at ILBSG. Our team of lawyers will work with you every step of the way.