Encouraging illegal immigration to the United States is a federal crime per the U.S. Supreme Court. The Court agreed with the U.S. Justice Department in the reversal of a lower court’s ruling that the law is unconstitutional as it limits freedom of speech under the First Amendment. The Court found the lower court’s finding too far into protected speech.

The law allows the U.S. government to pursue legal actions if individuals facilitate illegal immigration. The encouragement of illegal immigration as it pertains to the intention of providing support to an illegal immigrant is a legal offense. Benign statements in support of illegal immigration are not valid grounds to prosecute anyone. As such, there is no limit to free speech. Per Supreme Court Justice Amy Coney Barrett who wrote the opinion for the majority, “Properly interpreted, this provision forbids only the intentional solicitation or facilitation of certain unlawful acts.”

This is the second time the Supreme Court considered the constitutionality of the crime of encouraging illegal immigration. Three years ago, the court heard a very similar case on grounds that did not consider the First Amendment.

ILBSG actively monitors ongoing updates to U.S. immigration policy to ensure our clients get the right advice. If you have questions about any immigration-related matter, contact us at ILBSG. Our team of attorneys works with our clients in their particular situations, providing great client care.

Freedom of speech Illegal immigration supreme court