Attorney General ­­­­Miyares Asks the Supreme Court to Uphold Law that Prohibits Encouraging People to Break U.S. Immigration Laws 

RICHMOND, VA -- Attorney General Miyares has joined an amicus brief asking the Supreme Court of the United States (SCOTUS) to uphold an important federal statute used to enforce immigration laws in United States v. Hansen. 

“We’re in the middle of a crisis on our Southern Border. Fentanyl and other illegal substances from the cartels are invading our communities and ravaging families in Virginia and in every corner of our country. Now, more than ever, we need to enforce our immigration laws and secure our border,” said Attorney General Miyares. “This statute simply says that individuals cannot encourage others to break existing immigration law. It’s common sense.”

In 2017, a grand jury charged California resident Helaman Hansen with multiple crimes for scamming hundreds of noncitizens out of more than $1 million by deceptively promising them a path to citizenship that did not exist. He was charged under a federal statute for encouraging migrants to come to the U.S. illegally for purposes of commercial advantage or private financial gain. The Ninth Circuit Court of Appeals then struck down the statute on the grounds that the law's words, “encourage” and “induce,” are too broad.

The coalition argues that the Ninth Circuit’s decision jeopardizes the constitutionality of similarly-worded criminal laws in all 50 states and emphasizes that the flawed decision could invite state and federal courts to invalidate longstanding criminal laws.

Attorney General Miyares is joined by the attorneys general of Arizona, Alabama, Arkansas, Connecticut, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and Wyoming.

Read the amicus here. 

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