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Supreme Court Upholds Ban on Encouraging Illegal Immigration

Constitutional Law Reporter

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.

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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.

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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.

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The Cuties and the “Younger” Doctrine: Netflix Prevails in Key Federal Ruling Over Controversial Movie

JonathanTurley

Cuties is “the story of Amy, an eleven-year-old Senegalese immigrant caught between cultures: her devoutly Muslim family and the “Cuties”—a self-named dance group of Amy’s peers who have their hearts set on trying out for and performing at a big dance competition.”

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“Kidnapping is a Thing”: MSNBC Continues False Claim that DeSantis is Kidnapping Migrants

JonathanTurley

There is nothing unlawful in conveying individuals who are lawfully in the country pending their immigration hearings; the trips are voluntary, and most migrants appear eager to accept free passage to cities like New York or Chicago. ” However, it is the misrepresentation of the criminal law that is most concerning.

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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 38
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House Bill Would Criminalize Social Media Postings Supporting “White Supremacy” or “Replacement Theory”

JonathanTurley

The “ Great Replacement Theory ” was the focus of a Senate Judiciary Committee hearing last year, in which Democrats alleged that Republicans — and Fox News in particular — are “radicalizing” domestic terrorists with rhetoric opposing illegal immigration. ( I testified at the hearing).

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