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Republican-Led States ask Supreme Court to Restore Prohibition on Encouraging Illegal Immigration

Fisayo Okare

Feb 07, 2023

The Supreme Court

The Supreme Court

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. 

Read the full brief here.

This summary was featured in Documented’s Early Arrival newsletter. You can subscribe to receive it in your inbox three times per week here.


New York

City will open sixth center to assist adult families and single women seeking asylum: The Holiday Inn in the Financial District will provide 492 rooms and a range of services, including helping migrants reach their final destinations. — Read more

Social Services commissioner resigning following alleged coverup of right-to-shelter violations: New York City’s Department of Social Services Director Gary Jenkins was accused of seeking to withhold information about the City’s failure to find housing for Latin-American migrants. — New York Daily News

Over $90,000 in stolen funds returned to victims of bank fraud: Card skimming targeted residents of Brooklyn’s Sunset Park, many of them immigrants, who then had trouble reclaiming the stolen funds because of language barriers. — Read more in a statement from Coucilmember Alexa Avilés’ office

Activists push for immigrant unemployment benefits, housing options in state budget: Theo Oshiro, the co-executive director of Make the Road New York, said the group will head to Albany to make it clear that every New Yorker deserves these benefits. — Spectrum News 1

Around the U.S. 

New research shows immigrants account for nearly 13% of Utah physicians as demand for bilingual workers jumps 39%: In 2019, immigrants in Utah composed 8.5% of the population, but made up 12.5% of physicians, 7.8% of pharmacy technicians, and 5% of dental hygienists. — American Immigration Council 

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

Washington D.C.

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

Fisayo Okare

Fisayo writes Documented’s "Early Arrival" newsletter and "Our City" column. She is an MSc. graduate of Columbia Journalism School, New York, and earned her BSc. degree in Mass Comm. from Pan-Atlantic University, Lagos.




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