Remove Constitutional Law Remove Criminal Law Remove Government Remove Immigration
article thumbnail

Supreme Court narrowly interprets ban on “encouraging or inducing” immigrants to remain unlawfully in the United States

SCOTUSBlog

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.

article thumbnail

Fifth Circuit Blocks Texas SB 4 and Rejects the Invasion Theory Under State War Clause

JonathanTurley

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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

California Dreaming: Newsom’s Kidnapping Claim Against DeSantis is Long on Politics and Short on the Law

JonathanTurley

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.” state once they are released by the federal government.

Laws 39
article thumbnail

Open Borders and Closed Courts: How the Supreme Court Laid the Seeds for the Immigration Crisis

JonathanTurley

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. Most are promptly released, and many are not even asked to appear for eight years at an immigration proceeding. For the states, desperate times call for desperate measures.

article thumbnail

Is Biden About To Help Make The Case For A Self-Pardon?

JonathanTurley

She engineered her own firing at the hands of Trump – a virtual canonizing act for the media and many liberals. When Trump was inaugurated, Yates had only a few days left in government. She became acting attorney general in January 2017, following the departure of Attorney General Loretta Lynch.

article thumbnail

Do The Democrats Really Want Unity?

JonathanTurley

It will be a fun bit of trivia for constitutional law geeks, but it was also telling. Obama actually used his State of the Union address to declare his intent to circumvent the legislative branch after it refused to pass his legislation in areas such as the environment and immigration.