Analysis

Ban On Promoting Illegal Immigration Stirs Prosecution Fears

Law360 (October 4, 2019, 10:02 PM EDT) -- The U.S. Supreme Court's decision to review a ban on knowingly encouraging unauthorized immigrants to be in the U.S. could leave immigration attorneys and others open to felony prosecution if justices decide to leave the law intact.

The high court agreed Friday to take up the federal government's request to reconsider a Ninth Circuit ruling that struck down part of a rarely used subsection of an anti-smuggling law, which makes it a felony to encourage or induce foreign citizens to enter or stay in the U.S. without authorization.

The appeals court concluded last year that the provision was unconstitutionally overbroad because it swept...

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