SCOTUS Upholds Constitutionality of 8 USC 1324
Posted
26 Jun 2023 in Case Notes
On June 23rd, in United States v. Hansen, the Supreme Court interpreted the terms “encourages” and “induces” in 8 U.S.C. §1324(a)(1)(A)(iv) narrowly and upheld the statute’s constitutionality. While the decision was technically a loss for the position advocated by IMLA, by narrowly interpreting the scope of the statute, many (though not all) of the concerns that local governments had regarding the case are likely mitigated. At issue in this case was an overbreadth challenge to 8 U.S.C. §1324(a)(1)(A)(iv), which prohibits “encourage[ing]...