Constitutional Law Reporter

SEPTEMBER 8, 2023

Supreme Court upheld a federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully. According to the Court, the law does not run afoul of the First Amendment. In United States v. Hansen , 599 U.S. _ (2023), the U.S.

Immigration 52

Immigration Court Statute Construction 52

SCOTUSBlog

JUNE 26, 2023

The question before the justices was whether a federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully violates the First Amendment’s guarantee of the freedom of speech. Hansen challenged the constitutionality of the ban on “encouraging or inducing” immigration.

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Immigration Court Statute Criminal Law 102

JonathanTurley

FEBRUARY 5, 2024

The courts have left few options for either the states or Congress in compelling the enforcement of federal law. In that case, a 5-3 majority ruled against a state seeking to enforce immigration laws in light of what it described as a vacuum of federal action. For the states, desperate times call for desperate measures.

Immigration 52

Immigration Court Government Laws 52

JonathanTurley

MARCH 28, 2024

Many of us had predicted this result given the prior precedent of the Supreme Court on the federal preemption of state immigration laws. ” I also previously discussed how this interpretation would fail due to the text, intent, and history of the underlying constitutional provision. United States , 567 U.S.

Immigration 46

Immigration Government Laws Court 46

JonathanTurley

JUNE 9, 2023

First, let’s look at the law. The California provision states that kidnapping involves someone who “abducts or takes by force or fraud any person contrary to the law of the place where that act is committed, and brings, sends, or conveys that person within the limits of this state.”

Laws 37

Laws Misdemeanor Attorney Felony 37

JonathanTurley

SEPTEMBER 18, 2022

This weekend, MSNBC’s Tiffany Cross and MSNBC regular (and past writer for Above the Law and the Nation) repeated the false claim that the trips constitute kidnapping. Mystal responded to Cross’ claim that the trip constitute “kidnapping” with a diatribe against “Republican fascists.”

Criminal Law 43

Criminal Law Immigration Education Legal 43

JonathanTurley

JANUARY 17, 2023

Thus, anyone who is accused of white supremacy ideology (as both to other race-based ideologies) can be charged if such views have “motivated” others to plan or perpetrate criminal acts. It is a criminal hate speech law that would violate core principles of the First Amendment. The law is a free speech nightmare.

Laws 47

Laws Immigration Criminal Law Constitutional Law 47