A U.S. federal appeals court ruled Wednesday that a federal law banning the encouragement of non-U.S. citizens to enter or reside in the country illegally is unconstitutional because it penalizes freedom of speech.
In a 2-1 decision, The 10th Circuit Court of Appeals ruled that the law criminalizes “vast amounts of protected speech” like informing non-citizens about social programs or telling family members to stay in the country even if their visa expires. Although the law is part of a broader statute barring human smuggling, Circuit Judge Nancy Moritz wrote that the law likely bans commonplace statements that are repeated across the nation countless times each day.
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