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The lower court had ruled that the law was overly broad because it may criminalize speech protected by the U.S. Constitution's First Amendment. The measure bars inducing or encouraging noncitizens "to come to, enter or reside" in the United States illegally, including for financial gain. Circuit Court of Appeals had tossed out Hansen's 2017 conviction for violating the measure. The 9th Circuit upheld Hansen's other convictions and ordered that he be resentenced. Circuit Court of Appeals also ruled against the law in a separate case.
Persons: Joe Biden's, Helaman Hansen, Amy Coney Barrett, Barrett, Ketanji Brown Jackson, Sonia Sotomayor, Hansen, " Hansen, Will Dunham Organizations: U.S, Supreme, Conservative, Liberal, Biden, Circuit, Helping America Chamber of Commerce, Thomson Locations: California, United States, Texas, Louisiana, San Francisco, United, Sacramento, Arizona, Mexico, The Denver
The 9th Circuit upheld Hansen's other convictions and ordered that he be resentenced. The 9th Circuit decision applies in the group of western states over which it has jurisdiction including Arizona and California, which border Mexico. Circuit Court of Appeals also ruled against the law in a separate case. The Justice Department told the justices that the 9th Circuit decision wrongly relied on "hypothetical scenarios that the statute would not encompass." These groups argued that the law threatens attorneys, doctors, scholars and anyone else who speaks in support of immigration.
WASHINGTON, March 27 (Reuters) - Conservative U.S. Supreme Court justices on Monday appeared inclined to uphold a federal law that made it a crime to encourage illegal immigration, signaling agreement with President Joe Biden's administration that the measure does not violate constitutional free speech protections. Circuit Court of Appeals threw out Hansen's conviction for violating the provision, which bars inducing or encouraging noncitizens "to come to, enter or reside" in the United States illegally, including for financial gain. The 9th Circuit upheld Hansen's convictions on mail and wire fraud charges. The 9th Circuit decision applies in the group of western states over which it has jurisdiction including Arizona and California, which border Mexico. Circuit Court of Appeals, which has jurisdiction of a group of other states, also ruled against the law in a separate case.
The U.S. Supreme Court on Friday agreed to hear a bid by President Joe Biden’s administration to revive a federal law that makes it a criminal offense to encourage illegal immigration after it was struck down by a lower court as a violation of free speech rights. Circuit Court of Appeals invalidating the law for infringing on rights guaranteed under the U.S. Constitution’s First Amendment. The dispute is similar to one that the Supreme Court heard, but did not resolve, in 2020. The 9th Circuit upheld Hansen’s other convictions and ordered that he be resentenced. Biden’s administration urged the Supreme Court to hear the case, faulting the appeals court for invalidating an “important tool for combating activities that exacerbate unlawful immigration.”The case will be heard during the court’s current term, with a ruling due by June 2023.
Dec 9 (Reuters) - The U.S. Supreme Court on Friday agreed to hear a bid by President Joe Biden's administration to revive a federal law that makes it a criminal offense to encourage illegal immigration after it was struck down by a lower court as a violation of free speech rights. Circuit Court of Appeals invalidating the law for infringing on rights guaranteed under the U.S. Constitution's First Amendment. The dispute is similar to one that the Supreme Court heard, but did not resolve, in 2020. The 9th Circuit upheld Hansen's other convictions and ordered that he be resentenced. Biden's administration urged the Supreme Court to hear the case, faulting the appeals court for invalidating an "important tool for combating activities that exacerbate unlawful immigration."
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