Criminal Defense Blog
One of the most contentious issues that the United States has faced throughout its history has been the topic of illegal immigration. The U.S. government has often taken a hardline stance against illegal aliens, and many laws have been established in an attempt to dissuade non-citizens from settling without proper authorization. Although many undocumented citizens face harsh penalties including deportation, legal citizens can also be subjected to punishment for supporting them.
One such federal law that prohibits support for undocumented citizens was established in 1986, which addresses
“Bringing In and Harboring Certain Aliens” (8 U.S. Code § 1324). This law makes it a federal crime to knowingly support illegal immigrants, and even criminalizes verbal encouragement. This means that if you were to say simply, “I encourage you to stay here,” to a family member, friend, or associate who is an undocumented immigrant, you can be charged of a federal crime and even face prison time.
The Supreme Court’s recent decision to hear a particular case could change whether verbal encouragement can be protected under the First Amendment. The case in question, United States v. Sineneng-Smith, No.19-67, involves an immigration consulting firm from San Jose, California. The firm’s clients, primarily undocumented workers from the Philippines, were encouraged to remain in the United States so that they could apply for permanent citizenship through a Labor Department program. Although the program had expired, the firm’s owner, Evelyn Sineneng-Smith, argued that her encouragement to her clients should be considered protected speech.
The 9th Circuit Court of Appeals ultimately held that the 1986 law forbidding encouragement of illegal immigration is overbroad, and thus violates the First Amendment. As a result, the case will now head to the Supreme Court to reach a final decision on the matter.
The Court had previously stated that striking down broad laws could only occur if there were a substantial amount of real-world settings proving that the laws are unconstitutional. In addition, the Trump administration has voiced criticisms about the 9th Circuit’s decision, and has urged the Supreme Court to hear this appeal. Despite these factors, it remains to be seen what stance the Court will ultimately take in regards to the constitutionality of the 1986 law, and its overall impact on verbal encouragements.
Federal criminal charges carry extremely harsh punishments, and it is very important to retain the services of a skilled criminal defense law firm in order to provide you the best possible defense in your case.
With over 40 years’ of successfully handling federal criminal cases in Southern California, the attorneys at Wallin & Klarich will use every possible defense to protect your freedom. Our offices are located in Orange County, San Bernardino, Riverside, Victorville, West Covina, and Torrance.
Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free, no-obligation phone consultation. We will be there when you call.
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