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Criminal Law

Encouraging Undocumented Immigration Not Illegal, 9th Circuit Rules

A recent 9th Circuit appellate opinion explains that the federal law prohibiting individuals from inducing or encouraging undocumented immigration when they know it will be unlawful is unconstitutional. 

Simply put, the court explained that the statute criminalized “encouraging,” which triggers First Amendment scrutiny and fails that scrutiny for being overly broad. 

Read the source article at blogs.findlaw.com

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