United States v. Hansen, No. 17-10548 (9th Cir. 2022)
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Hansen operated AHA, which ran a program that purported to help undocumented immigrants become U.S. citizens through adult adoption. Hansen falsely told victims that many immigrants had become U.S. citizens through the Program. No one had achieved U.S. citizenship through the Program; it is not possible to become a U.S. citizen through adult adoption. At least 471 victims participated in the Program; each paid between $550 and $10,000. Hansen was convicted of 12 counts of mail fraud, three counts of wire fraud, and two counts of encouraging or inducing unlawful immigration for private financial gain.
The Ninth Circuit vacated Hansen's convictions for encouraging or inducing an alien to reside in the U.S. for private financial gain, 8 U.S.C. 1324(a)(1)(A)(iv). Subsection (iv) is overbroad and unconstitutional. Subsection (iv) prohibits someone from inspiring, helping, persuading, or influencing, through speech or conduct, one or more specified aliens to come to or reside in the United States in violation of civil or criminal law. The court rejected an argument that subsection (iv) is limited to speech integral to criminal conduct--solicitation and aiding and abetting. Subsection (iv) covers a substantial amount of speech protected by the First Amendment, given that many commonplace statements and actions could be construed as encouraging or inducing an undocumented immigrant to come to or reside in the U.S. Subsection (iv)’s narrow legitimate sweep pales in comparison to the protected expression encompassed by the subsection.
Court Description: Criminal Law. Vacating convictions on two counts of encouraging or inducing an alien to reside in the United States for private financial gain in violation of 8 U.S.C. § 1324(a)(1)(A)(iv), and remanding for resentencing, the panel held that subsection (iv) is overbroad and unconstitutional. The panel interpreted subsection (iv) as prohibiting someone from (1) inspiring, helping, persuading, or influencing, (2) through speech or conduct, (3) one or more specified aliens (4) to come to or reside in the United States in violation of civil or criminal law. The panel rejected the government’s argument that subsection (iv) is limited to speech integral to criminal conduct, specifically solicitation and aiding and abetting. Accepting the government’s position that prosecutions for procuring and providing fraudulent documents and identification information to unlawfully present aliens, assisting in unlawful entry, misleadingly luring aliens into the country for unlawful work, and smuggling activities “form the core” of subsection (iv)’s plainly legitimate sweep, the panel wrote that it is apparent that subsection (iv)’s legitimate sweep is relatively narrow. The panel wrote that subsection (iv) covers a substantial amount of speech protected by the First Amendment, given that many commonplace statements and actions could be UNITED STATES V. HANSEN 3 construed as encouraging or inducing an undocumented immigrant to come to or reside in the United States. The panel wrote that subsection (iv)’s narrow legitimate sweep pales in comparison to the amount of protected expression encompassed by the subsection. The panel concluded that subsection (iv) is therefore facially overbroad. The panel affirmed all other counts of conviction in a simultaneously filed memorandum disposition.
The court issued a subsequent related opinion or order on July 25, 2022.
The court issued a subsequent related opinion or order on April 3, 2024.
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