Law Against ‘Encouraging’ Illegal Immigration Ruled Unconstitutional

by admin on August 27, 2019

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A Kansas federal judge has ruled that a law making it a crime to “encourage” or “induce” illegal immigrants to enter or reside in the US is unconstitutional.

As a result of the ruling, U.S. District Judge Carlos Murguia overturned the convictions of Jose Felipe Hernandez-Calvillo and Mauro Papalotzi.

The two, who were living in the US illegally, were accused of encouraging other illegals to come to the US while working for a drywall company.

Murguia adopted a previous ruling by the Ninth U.S. Circuit Court of Appeals in San Francisco that stated that encouraging illegal immigration is protected speech under the First Amendment.

The law banning inducing illegal immigrants into the country dates all the way back to 1952.

It states that those caught encouraging illegal immigration can be sentenced to 5-10 years in prison.

According to US immigration lawyers, the law has mostly been used to prosecute those who offer jobs to undocumented immigrants, regardless of whether or not the person offering the job knew the person was in the country illegally.

Read the full story here.

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