United States v. Hansen
United States Supreme Court
599 U.S. 762, 143 S. Ct. 1932, 216 L.Ed.2d 692 (2023)
- Written by Darius Dehghan, JD
Facts
Under 8 U.S.C. § 1324(a)(1)(A)(iv) (clause (iv)), a person was subject to criminal liability for “encouraging” or “inducing” illegal immigration. Mana Nailati, a citizen of Fiji, flew to California so that he could become a US citizen through an “adult adoption” program operated by Helaman Hansen (defendant). Believing that the program guaranteed citizenship, Nailati followed Hansen’s advice to remain in the United States after his visa expired. However, the program was entirely fraudulent, such that Nailati was present in the US unlawfully. Subsequently, the US government (the government) (plaintiff) charged Hansen under clause (iv). Hansen moved to dismiss the charges, contending that clause (iv) violated the First Amendment’s overbreadth doctrine. The overbreadth doctrine prohibited the criminalization of speech that was protected by the First Amendment. The district court rejected Hansen’s overbreadth claim. The court of appeals reversed, holding that clause (iv) violated the overbreadth doctrine. The government appealed to the United States Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Barrett, J.)
Concurrence (Thomas, J.)
Dissent (Jackson, J.)
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