The 7-2 decision is a victory for enforcement advocates and preserves a key tool prosecutors use to go after migrant smugglers and other fraudsters who prey on naive illegal immigrants.
“Hansen asks us to throw out too much of the good based on a speculative shot at the bad. This is not the stuff of overbreadth,” wrote Justice Amy Coney Barrett. Hansen was convicted on fraud charges, and also under the smuggling charge, which applies to someone who “encourages or induces” illegal immigration, particularly for financial gain.
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