Encouraging Illegal Aliens To Remain In The US Is A Crime, Supreme Court Rules

When the Supreme Leader, the Regressive Dem Guv Newsom gives $75 million in tax dollars to illegal aliens—without a vote of the Legislature and in opposition to Supreme Court decisions, it is time to ask for a criminal investigation.  The Supreme Court just ruled on the issue of giving aid to encourage illegal aliens to stay in the United States.

“The Supreme Court unanimously upheld a federal statute that forbids encouraging illegal aliens to remain in the U.S. unlawfully in a decision Thursday.

The Supreme Court justices voided an earlier decision by the Ninth Circuit Court of Appeals, which had ruled that a federal anti-harboring statute was unconstitutional on the grounds that it violated the First Amendment by restricting free speech. The ruling by the nation’s highest court Thursday upholds the law.

The Supreme Court not only vacated the appeals court’s decision, but also criticized the judges for “drastically” straying from judicial norms.

Also note this was not a 5-4 decision—it was unanimous.  Even the Leftists on the Court admit illegal means illegal.  At this point his giving the money could be considered embezzlement or theft—it is not legal.  Newsom and the Sacramento Democrats are harboring illegal aliens and protecting the.  Time to bring charges against those that violate the law.

Photo courtesy Envios, flickr

Encouraging Illegal Aliens To Remain In The US Is A Crime, Supreme Court Rules

Jason Hopkins, Daily Caller,   5/8/20   

The Supreme Court unanimously upheld a federal statute that forbids encouraging illegal aliens to remain in the U.S. unlawfully in a decision Thursday.

The Supreme Court justices voided an earlier decision by the Ninth Circuit Court of Appeals, which had ruled that a federal anti-harboring statute was unconstitutional on the grounds that it violated the First Amendment by restricting free speech. The ruling by the nation’s highest court Thursday upholds the law.

The Supreme Court not only vacated the appeals court’s decision, but also criticized the judges for “drastically” straying from judicial norms.

Justice Ruth Bader Ginsburg, a liberal stalwart of the bench, wrote the high court’s opinion.

“[T]he appeals panel departed so drastically from the principle of party presentation as to constitute an abuse of discretion,” Ginsburg wrote, and later stated that “a court is not hidebound by the precise arguments of counsel, but the Ninth Circuit’s radical transformation of this case goes well beyond the pale.”

The decision brings to a close a court battle that lasted roughly 10 years.

A grand jury indicted California immigration consultant Evelyn Sineneng-Smith in 2010 for multiple violations of anti-harboring laws, which make it a felony to “encourag[e] or induc[e] 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.”

Sineneng-Smith encouraged illegal alien clients to apply for a certification that would allow them to remain legally in the country, despite them not qualifying for the certification, according to the indictment. She would charge her clients a fee for this service, and allegedly made millions off of the scheme.

Sineneng-Smith earned more than $3.3 million off of her clients, legal affairs outlet Jurist reported.

In a challenge to the decision, Sineneng-Smith argued that the law violated her right to free speech. The Ninth Circuit reversed her conviction, finding that the entire law was invalid as an over broad restriction of speech.

The Ninth Circuit’s reversal however, was not based on arguments presented by her defense, but by third party arguments submitted to the panel of judges.

The Supreme Court ruled that the Ninth Circuit overstepped its authority by injecting an argument not made by the defendant herself. The decision ultimately reaffirms that parties — not the courts — shape issues in a court case.

The case is now to be sent back to the Ninth Circuit “for reconsideration … bearing a fair resemblance to the case shaped by parties.”

The decision was hailed by immigration hawks.

“We applaud the Court’s well-reasoned decision,” Dale L. Wilcox, executive director and general counsel of Immigration Reform Law Institute, said in a statement.

“Unfortunately, the Court did not have to reach the issue of whether this important statute is constitutional, but it did keep the law in place. When and if the overbreadth issue is brought up properly by a defendant in the future, we will be there,” Wilcox said.

About Stephen Frank

Stephen Frank is the publisher and editor of California Political News and Views. He speaks all over California and appears as a guest on several radio shows each week. He has also served as a guest host on radio talk shows. He is a fulltime political consultant.

Comments

  1. ExCaliExpat says

    Chances are that the SCOTUS would overturn over 90% of the 9th Circuit’s rulings if they were presented…

  2. It is WAY past time our courts need to start pushing back against these insane governors and mayors who continually harbor and protect illegal aliens who do NOT belong here….These illegal aliens are costing the American people way over $150 Billion every year and to hand out more of our tax dollars to them is insane.. it encourages more and more illegal aliens to flood the country for handouts.. We cannot continue to support these illegal aliens… at some point, this country is not going to be able to sustain this insanity.. A lot of American citizens are doing without and struggling and our lunatic governors and mayors would rather care for illegal aliens than our own citizens..

  3. Governor Newsom’s moral position is to save everyone, including the illegals that are part of his sanctuary utopia, and the homeless and elderly. He is consistent in his messages to the other 40 million residents, that he is driven to protect everyone to the last one, even if it takes sacrificing the other 40 million residents and the economy of this once great State. Once 5th largest economy in the world, California will now have incomprehensible debt along with the unfunded pension liabilities already at one trillion dollars which is almost five times the 220 billion-dollar States budget for 2020-21! The Governor’s moral dilemma is to save everyone and continue living without an economy.

  4. Really??? says

    I wonder how many of the more radical factions have work in political campaigns for Democrats including Brown, Harris, Pelosi, Waters, Slick Newsom, Garcetti, etc.

    $75 Million? Would that amount help the high school and grammar schools reopen?

    There is a lot here that the Socialist (Called Democrats) are pulling strings on and it is costing you $Billions. Yep Billions. How about $2 Billion for the Broken Choo Choo the Slick said clearly was a bad deal and should be stopped. How about it Slick, when do you back your own words.

    If you vote for any Democrat you are either stupid or ignorant, or a better point don’t care they are raping taxpayers with obscene level of taxation that is breaking the back of the working poor and middle class.

    • Bring Newsom to Justice. Hire the Attorneys to Prosecute him now. Don’t wait one more minute. He is a Lawless Governor

  5. West Walker says

    Much more given to harboring illegals then just $75M. Try $63M in free college scholarships alone, and a total of…wait for it…. ready? $23B a year ($1,800 for each taxpayer)! Newsom may have overstepped his Executive Privilege (the same guy who spent $1B on masks without authorization right?) but so did the CA Super_Majority Democrat Legislature in approving massive taxpayer dollars to harbor and encourage illegals as well. What would be the incentive to get a green card when being illegals gives you so much more?!?
    https://www.fairus.org/issue/publications-resources/fiscal-burden-illegal-immigration-ca-taxpayers

  6. Concerned says

    Anyone know what we are doing to SOLVE THESE PROBLEMS?
    Conservative and just governor? ?? Who is in the running?

    I was shocked to recently find out that Newsom went to Catholic schools and University. Isn’t one of the basic tenants of religion …..to follow the Ten Commandments (as a starter)….and “Thou shall not steal.”
    The illegals are stealing from us, and Newsom, not only supports it, but gives the thieves more more in money, sanctuary status, and much as mentioned above.

    Return America to our forefathers’ (and our) values……….morals, hard honest work, honesty, etc.

    Again, who do we have that can run for office and to these values? We must find them and support them.

    • Kathleen Ross says

      Have you checked the agenda of the Catholic Church lately under our new Socialist Pope??? I am a Catholic and I do not even recognize our Church anymore. This Pope is promoting a Socialist agenda. He cares more about worshiping the Green New Deal then the Bible. He is a puppet for the World Order agenda.

  7. Kathleen Ross says

    Jerry Brown, Nancy Pelosi, Gavin Newsom, Joe Biden, AOC., are all Catholics who attended Catholic School. They all support late term abortion. The Catholic Church is still allowing them to receive the Sacraments. The Pope supports the Democrat Party agenda. What does that tell you about the agenda of the Catholic Church?

    • I started an email campaign to Nancy Pelosi’s bishop. Her San Francisco Bishop had a meeting with her and told her not to receive communion because of her public position on abortion. She ignored his words. She left the meeting and told the press what a great meeting she had with her Bishop. The Bishops need to be more vocal and publicly excommunicate these baby killers. Then they need to order all priests to refuse them communion.

  8. So lets get the federal AG to arrest Newsom for encouraging illegals to stay here

  9. Dntgiveup says

    Newsom is an idiot

  10. Now he can be sued for giving our tax dollars to illegals.

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