Send a Tweet
Most Popular Choices
Poll Analyses
Share on Facebook 20 Share on Twitter Printer Friendly Page More Sharing
OpEdNews Op Eds    H3'ed 1/23/20

US v. Sineneng-Smith: Does Immigration Law Trump Freedom of Speech?

By       (Page 1 of 1 pages) (View How Many People Read This)   2 comments
Author 76576
Follow Me on Twitter     Message Thomas Knapp

Statue of Liberty restoration project.
Statue of Liberty restoration project.
(Image by Wikipedia (commons.wikimedia.org))
  Details   DMCA

Are you free to express your opinions? The First Amendment says yes, but 8 US Code § 1324 says no. A case currently before the US Supreme Court, United States v. Sineneng-Smith, will presumably clarify the matter, hopefully in favor of free speech.

Evelyn Sineneng-Smith, an immigration consultant, allegedly cheated her clients by charging them $5,900 to file applications for a permanent residency program she knew they didn't qualify for.

In 2013, a jury convicted Sineneng-Smith on three counts of mail fraud and three counts of "encouraging or inducing illegal immigration for private financial gain."

Under that US Code provision, "Any person who ... encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law," can be sentenced to hard time -- five years in prison, ten years if it's for financial gain, life imprisonment or even execution if someone is injured or put in jeopardy of death by that "encouragement."

The US Court of Appeals for the Ninth Circuit set aside Sineneng-Smith's convictions on those "encouragement" counts, ruling that the law is "unconstitutionally overbroad in violation of the First Amendment."

Federal prosecutors appealed the Ninth Circuit's ruling to the Supreme Court because that's what federal prosecutors do . Their case seems to be that we obviously can't just have people out there saying whatever they want to say.

But we CAN, and SHOULD -- in fact, according to the Constitution, MUST -- have people out there saying whatever they want to say.

I encourage anyone and everyone who wants to come to the United States in search of work and/or safety to do so, and to stay here for as long as they please, whether the US government likes it or not.

I just broke the law.

And I did so partly for purposes of "commercial advantage or private financial gain." I consider unfettered immigration an economic boon to everyone, myself included.

As the late economist (and apparent scofflaw) Milton Friedman noted, "Mexican immigration, over the border, is a good thing. It's a good thing for the illegal immigrants. It's a good thing for the United States. It's a good thing for the citizens of the country."

The Supreme Court should affirm the Ninth Circuit's ruling.

If it doesn't, I guess you'll be waiting ten years or so for my next column.

 

Rate It | View Ratings

Thomas Knapp Social Media Pages: Facebook page url on login Profile not filled in       Twitter page url on login Profile not filled in       Linkedin page url on login Profile not filled in       Instagram page url on login Profile not filled in

Thomas L. Knapp is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.


Go To Commenting
The views expressed herein are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.
Follow Me on Twitter     Writers Guidelines
Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
Support OpEdNews

OpEdNews depends upon can't survive without your help.

If you value this article and the work of OpEdNews, please either Donate or Purchase a premium membership.

STAY IN THE KNOW
If you've enjoyed this, sign up for our daily or weekly newsletter to get lots of great progressive content.
Daily Weekly     OpEdNews Newsletter
Name
Email
   (Opens new browser window)
 

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

Hypocrisy Alert: Republicans Agreed with Ocasio-Cortez Until About One Minute Ago

Finally, Evidence of Russian Election Meddling ... Oh, Wait

Chickenhawk Donald: A Complete and Total Disgrace

The Nunes Memo Only Partially "Vindicates" Trump, But it Fully Indicts the FBI and the FISA Court

Aircraft Carriers: Give Truman and Ford a Burial at Sea

Political Parties Should Say What They Mean. The Libertarian Party Does.

To View Comments or Join the Conversation: