Defense Attys Say Anti-Smuggling Law Too Broad To Hold Up

Law360 (January 29, 2020, 7:49 PM EST) -- Legal associations representing criminal defense attorneys and public defenders have urged the U.S. Supreme Court to strike down a law that bars encouraging unauthorized immigration, claiming it criminalizes protected free speech and gives prosecutors too much discretion.

The National Association of Criminal Defense Lawyers and the National Association of Federal Defenders argued in a Tuesday amicus brief that the statute’s broad language would allow prosecutors to target people who help immigrants without legal status, from the manager of a soup kitchen to an immigration attorney.

“By seeking to uphold the provision, the government would allow the force of the state to...

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