Does the Federal Criminal Prohibition Against Encouraging or Inducing Unlawful Immigration Violate Free Speech?

CASE AT A GLANCE Helaman Hansen operated an organization called Americans Helping America Chamber of Commerce. The organization falsely advised noncitizens that they could gain U.S. citizenship through adult adoption. The organization encouraged or induced two noncitizens to overstay their visas, all the while collecting fees from them. Hansen was convicted of violating a federal statute that criminalizes encouraging or inducing noncitizens to reside in the Unites States. He received a sentencing enhancement for violating this statute for the 'purpose of commercial advantage or private financial gain.' Hansen moved to dismiss the charges, arguing that the federal law violated free speech. In particular, he argued that the federal law criminalized substantially more speech than the First Amendment allows.
United States v. Hansen Docket No. 22-179 Argument Date: March 27, 2023 From: The Ninth Circuit Issue Does the federal prohibition against encouraging or inducing unlawful immigration criminalize a substantial [...]