[20220308]LSB10705_第九巡回法院认为对鼓励或诱使非法移民的刑事处罚违反了第一修正案.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Ninth Circuit Holds that Criminal Penalties for Encouraging or Inducing Illegal Immigration Violate First Amendment March 8, 2022 The Immigration and Nationality Act (INA) governs the admission, removal, and presence of non-U.S. nationals (aliens, as the term is used in the INA) in the United States. Although it is generally not a crime for a removable alien to be present in the United States, Congress has established criminal sanctions for certain conduct that undermines immigration rules. Under 8 U.S.C. 1324, it is a crime for an individual to smuggle, transport, harbor, or conceal unlawfully present aliens. One provision of this statute8 U.S.C. 1324(a)(1)(A)(iv) (subsection (iv)makes it a crime for any individual to “encourage or induce an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of the law.” The INA does not define the terms “encourage” or “induce,” which has led to some debate over the type of conduct encompassed by subsection (iv). In particular, courts h