Liberal Ninth Circuit Court Rules That Encouraging Illegal Immigration Protected Under First Amendment

Encouraging illegal immigration has been ruled as a form of free speech that is protected under the First Amendment.

The ruling was handed down by a three-judge panel of the Ninth Circuit Court of Appeals, according to Politico.

The law that was struck down pre-dates the administration of President Donald Trump.

“Criminalizing expression like this threatens almost anyone willing to weigh in on the debate,” Judge A. Wallace Tashima wrote in his opinion. Tashima, an appointee of former President Bill Clinton, was supported by fellow Clinton appointee Marsha Berzon and Andrew Hurwitz, who was appointed by former President Barack Obama.

In his 42-page ruling, Tashima explained his reasoning.

“A speech addressed to a gathered crowd, or directed at undocumented individuals on social media, in which the speaker said something along the lines of ‘I encourage all you folks out there without legal status to stay in the U.S.! We are in the process of trying to change the immigration laws, and the more we can show the potential hardship on people who have been in the country a long time, the better we can convince American citizens to fight for us and grant us a path to legalization,’ could constitute inducement or encouragement under the statute,” he wrote.

“But, this general advocacy could not be considered incitement because there is no imminent breach of the peace. It would not be aiding and abetting or solicitation because it is general and is not advocating a crime. Instead, it is pure advocacy on a hotly debated issue in our society,” he added.

Tashina said the law could be construed to hold a grandmother in violation of it if she told her grandson to stay in the U.S. past the expiration date on his visa.

During a 2017 hearing in the case, Berzon foreshadowed the court’s rejection of the law.

“What is the limit of this statute?” she said then, according to Politico.

“If I have a neighbor and he’s illegal, and he comes to me and says, ‘Should I stay or should I leave? What should I do?’ and I say, ‘Stay, because they’re probably not going to find you,’ is that a crime? … Encourage is a pretty loose word; what does it mean?” she said.

Prosecutors had used the law to convict former immigration consultant Evelyn Sineneng-Smith, who encouraged illegal immigrants to apply for various government benefits they were ineligible to receive.

Sineneng-Smith was convicted on tax and mail fraud charges in addition to the law thrown out by the 9th Circuit this week. The other convictions were upheld by the 9th Circuit panel.

It was unclear if there would be an appeal. The Justice Department did not issue any comment on the ruling.

According to a press release from Immigration and Customs Enforcement at the time of her conviction, Sineneng-Smith “encouraged immigrants from the Philippines to overstay their tourist visas so they could work illegally in residential healthcare facilities.”

“Those who choose to undermine our nation’s legal immigration system will be held accountable for their actions,” said Tatum King, deputy special agent in charge of Homeland Security Investigations in San Francisco. “We will continue to work tirelessly with our law enforcement counterparts to investigate criminals who have no regard for the law and often disrupt the lives of innocent victims.”

Via WesternJournal

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  1. Why do i always feel guilty

    Hello my men or women,

    I haven’t posted in ages after handling an intense case of PPD/PPA. I have asked for help before re: My mil (new mother in law) But now need help selecting out my own FOO issues. notice: shall be long. Possible encourages

    My dad was a stoic alcoholic workaholic and my mom was an insecure, Codependent which have a mean streak. She had a rough chlildhood and zero self worth Sshe would SNAP and was pieces of paper very rough. (such as. Once I back talked when I was 10 and she grabbed me by the hair and slammed my face against our rough stucco wall).

    she’d also agree to let me have friends over and then come into my room and start tearing it apart, Making me clean in front of my buddies, phone calls me a slob. It felt like she was on purpose embarassing me.

    She worked doing health care insurance. When I was in graduation, She got a job in a chiropractor’s office and started cheating on my dad whilst chiro. she would go off grid many nights, Refusing to accept requests from me or my younger brother. They divorced when I was a senior. my spouse completely rewritten history. She used to get mad when my dad refused to reply her emails and “Didn’t discover” Why they am not able to be friends. She also insists that she was do not ever a disciplinarian and never spanked us. It’s mind dazzling. I know though, That during her liaison with the chiro, She was more unhurried, considerably more kind.

    The chiro moved into her house following divorce. He was a pothead narc who stopped doing his notations for protection. His business in order to go under. She was unhappy there and felt like a burden and asked to move in with his dad (then, our own DH (Dear partner) plus DS (beloved son) kids). She came and stayed for a couple of months. She registered on an online dating service, And met a man that she moved in with and married after a few months.

    He’s a fantastic guy. After about a year down, They came to go to me. We lived in a military base and the safety had just been heightened. He wasn’t allowed on post with the new security limits. I asked her more than once what was on his record. She finally told me that he served many years ago in fed. Prison for budding and dealing pot. right after they met he had been out of prison for a year. He was open and up front with HER from date 1 but I think she was embarrassed about it and so was he so they didn’t tell us. I have no difficulties with it. He’s a nonviolent prison, People make mistakes. He paid his debt to modern society. He still has no idea that we understand. ds lite (sweetie son) (3 yo) Has aspergers and we would have our own little space when we visit family, that will be more familiar for him than a hotel. The trailer was a junker but my mom’s new husband works in developing and offered us to park it on his property and use his tools and fix it up. This property is a large parcel and they are almost finished building their new house on it.

    DH, my own self, nintendo ds, these days DD (Dear minor) Would drive up every weekend to work on the trailer. It was hard with a nursing baby to assistance DH (Dear his conversation) as many as he needed. offered “Stepdad” Offered to help him finish the trailer if DH (Dear life partner) Would help him on HIS house for a passing fancy property. DH (Dear his conversation) Agreed and spent several sundays, Ripping off and setting up a new roof, pouring cement, Digging ditches. a whole lot of hard, Phsyical show good results. I’m not looking to play tit for tat. very, That holiday weekend never came. He worked a total of 2 days on the trailer. and thereafter got “Too energetic” With your. DH (Dear husband’s comments) Left for school with a clip unfinished and we couldn’t accompany him. this was an even bigger issue because the PPA makes it hard for me to be alone. we are aware. searching for on zoloft for 8 months. It has helped seriously but I still struggle a bit. as a result my mom offered us to come stay while DH (Dear spouse) vanished. I agreed but begun to feel like a burden. My stepdad continually makes jokes about how DS (pricey son) Calls all the shots and his rotten and “Knows learn to get what he wants, she “declines” That he has aspergers and says he’s just smart enough to manipulate me. But I felt like this was my only great option with the PPA/PPD.

    effectively DONE.

    DH (Dear groom) Came home and we today came under contract on a house in our new duty area. We close at the beginning of May. We came back up to my mom’s during their visit, Got a clip liveable and moved right into it. He says things as jokes but they’re thinly veiled digs. Since being in the trailer, We have made sure to stay out of their way and have offered to help out at the new house many times. currently, We ran to town to get diapers and Stepdad asked us to pick up some stuff from the shop (40 seconds away). nintendo ds (special son) Is sick and is having a rough morning so he came straight back from getting diapers and told him we wouldnt be able to girls in colombia go to the big box store. He loaded up and left herself and is now giving us the cold shoudler. DH (Dear wife) Is mad. We’ve gone on LC hardcore with his family because they’re unpleasant manipulators. He wants to take a seat with mom and her husband and say “hear. We’ve offered so often to find an alternate place to stay. You continually waved us off and told us we were welcome here but there is a lot of tension. Please be open and honest about staying on your home. If it is a dilemma, analysis load up and be gone Friday, I feel like its a not worth a effort because my mom will just say we’re being ridiculius and too sensitive.

    Sorry this is often so long. Any remembrances?

    Your mom is a lot more an “inferior, Codependent along with a mean streak” So you might reevaluate the concept you have of her.

    I lived in an RV on my parents property for a while as my EXDH and I worked out the legal aspects of his immigration law. It was embarrassing, Nothing but a way so as to enjoy control and rub our noses in their “work” Every chance they were given. It taken.

    I’d say no CTJ or even talk with their company. Move your trailer until your properties is ready. Can you guys rent a space in an RV park for a long time? this is a quick solution.

    I can’t imagine what your mother brings to your bank account, significantly less some ex con she has sex with. She has exceedingly low standards for the men, She’s a cheater, She was a lousy afflicted mother, she’s an oportunist.

    Move a clip tomorrow. go away.

    They play mind competitions. You play coupled. conquer.

    And get the hell far from her. When she no longer can find men with supporting her, She’ll be back needing you to support her, anymore.

    I find it extremely hard to believe she’s any kind of decent grandmother.

    thank you all. I’m too close to the problem. That’s thrilling. She is supportive and is a good grandma. She has changed a lot progressively. As long as it being supportive or respectful of me doesn’t come at the trouble of her getting her emotional fix.

    She and her husband just came to the property to make things right since I seemed “worried, Ambush CTJ after I had read your responses and decided not to talk with them. as they gaslit me. Notice the gentle adjustment. your was DH (Dear groom) Asked him if he needed help with the task at hand and he then asked us to go to the home improvement store. He doesn’t have kids and really has no know-how or compassion for how they alter your schedule.

    I halfheartedly argued my point and said we don’t dig the vibe that’s boating. your man “taunted” Me about being irrational for thinking of leaving Friday saying “People ‘re going to butt heads. But that’s a good reason to pack up and leave! and never, whilst my mom is bobbing around anxiously, Fake giggling and saying “Haha no demand here,

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