Helaman Hansen scammed immigrants by charging them thousands of dollars to pursue American citizenship through a phony “adult adoption” program. By a vote of 7 to 2, the Court ruled today in United States v. Hansen that a federal law that prohibits “encourag[ing] or induc[ing]” illegal immigration forbids only the purposeful solicitation and facilitation of specific acts known to violate federal law. The law thus does not punish any protected speech, much less the substantial quantum needed to enable Hansen to challenge the law on First Amendment overbreadth grounds.
Justice Barrett wrote the majority opinion. Notably, Justice Kagan was among the justices who joined it.
Justice Thomas, in a concurring opinion, objected to “how far afield the facial overbreadth doctrine has carried the Judiciary from its constitutional role.”
Justice Jackson, joined by Justice Sotomayor, dissented. In a brief footnote, Barrett disposes of Jackson’s 21-page dissent by noting that Jackson failed to apply the canon of constitutional avoidance.