Paxton fights to ensure that those who encourage illegal border crossings and violent crimes are brought to justice

Austin, Texas — Attorney General Paxton joined the Montana-led amicus memo asking the U.S. Supreme Court to defend a 70-year-old criminal statute that has been reliably used to stop encouraging and inducing illegal immigration.

Attorney General Paxton is calling on the court to reverse the decision of the San Francisco-based U.S. Court of Appeals for the Ninth Circuit, which struck down a law the federal government has long used to prosecute smuggling and illegal immigration. The law made it illegal to “encourage” or “induce” illegal immigration. Unfortunately, the Ninth Circuit repealed the statute, misinterpreting the over-expansion doctrine and implying that the law “freezes” free speech.

But every state in the country has laws to ensure that those who “induce” or “incentivize” crime are brought to justice, and these words have long been well understood in the context of criminal law. Thus, the Ninth Circuit’s misguided decision not only weakened the legal deterrent for those who wish to facilitate illegal immigration, but also opened up the possibility of challenging state laws in a way that could further help violent criminals evade prosecution. To prevent this, it is important that the U.S. Supreme Court reverse the Ninth Circuit’s decision and refrain from misapplying the doctrine of overexpansion in related cases in the future.

The summary states: “More than ever, illegal immigration is placing a huge economic, social, and fiscal burden on states. The following decision, if left unchanged, will interfere with the enforcement of criminal immigration laws throughout the country, with serious adverse consequences for the Amici States.”

To read the full amicus review, click here.