U.S. Supreme Court to hear Trump bid to revive law against encouraging illegal immigration

Children line up to enter a tent at the Homestead Temporary Shelter for Unaccompanied Children in Homestead, Fla. on Feb. 19, 2019.The U.S. Supreme Court on Friday agreed to hear a bid by President Donald Trump’s administration to resurrect a federal law that makes it a felony to encourage illegal immigrants to come or stay in the United States after it was struck down by a lower court as a violation free speech rights.

Federal prosecutors in 2010 brought charges against Sineneng-Smith, a U.S. citizen who ran an immigration consultancy in San Jose, accusing her of making money by duping illegal migrants into paying her to file frivolous visa applications while remaining in the country indefinitely. Her business primarily served Filipinos who worked as home health care providers.

Sineneng-Smith’s lawyers, urging the court to deny the case, argued that the law goes well beyond forbidding speech essential to a crime and covers both criminal and non-criminal immigration infractions. There are better ways to catch wrongdoers, her lawyers said, including provisions barring transporting or harbouring illegal migrants.

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