Twenty-five Republican-led states told the U.S. Supreme Court on Tuesday that an appeals court should not have ruled that a federal law — which makes it a crime to encourage illegal immigration — violated free speech rights. They’re asking the Supreme Court to reverse the judgment of the San Francisco-based Ninth Circuit Court and restore the law — something the court was already considering doing.
Montana Attorney General Austin Knudsen’s office led the amicus brief, which was joined by AGs of states including Florida, Alabama, Arizona, and Georgia.
Last year, the Ninth Circuit had said the law barring encouragement of illegal immigration was too broad. “An overly broad statute may chill the speech of individuals, including those not before the court,” noted arguments in the case.
But in the amicus brief, the Republican-led states argue that “statutory terms like ‘encourage’ and ‘induce’ carry well-understood criminal-law meanings that the panel simply ignored.” They called the Ninth Circuit’s analysis of immigration speech “anemic” and asked the Supreme Court to reject it.
A decision in the case is expected by June, while further arguments in the case are set for next month, March 27.
This summary was featured in Documented’s Early Arrival newsletter. You can subscribe to receive it in your inbox three times per week here.
STORIES WE ARE FOLLOWING
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Around the U.S.
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Texas bill could bar certain immigrants from buying property: The bill, which Gov. Greg Abbott has said he would sign, would bar anyone who is a citizen of China, Iran, North Korea, or Russia from buying property in the state. — Reason
New data shows who ICE is detaining and for how long: More than 50% of detainees now are new arrivals facing fast-track deportation. The largest populations are in Texas, Louisiana, Georgia, and Mississippi. — Immigration Impact
Indiana bill narrowly advances to grant driving cards to immigrants: A state Senate committee voted 5-4 to endorse the bill — a step that comes after similar proposals failed to advance over the past decade in the GOP-dominated legislature. — AP News
Immigrants sue USCIS for delays keeping them from becoming lawful permanent residents: USCIS previously decided applications in under five months, but now, the average processing time is over three years. — American Immigration Council
Mayorkas in GOP’s crosshairs over border crisis: Homeland Security Secretary Alejandro Mayorkas is entering what is expected to be a difficult period of his career as Republicans open several personal and professional probes into him. — The New York Times