Tenth agrees that 8 USC 1324(a)(1)(A)(iv) is unconstitutional

US v. Hernandez-Calvillo and US v. Papalotzi, 39 F.4th 1297 (10th Cir. July 13, 2022) Appellees were convicted of violating 8 U.S.C. sec. 1324(a)(1)(A)(iv), which makes it a crime to encourage or induce a noncitizen (used as equivalent to the term “alien”) to reside in the US, knowing or recklessly disregarding that such residence violates the law. The district court agreed with the appellees that the statute was overbroad under the First Amendment and dismissed the indictment. The Tenth Circuit affirmed. The statute’s plain language “targets protected speech,” “the proposed limiting instruction” by the government and dissent is not supported by the text or context, and “the statute criminalizes a substantial amount of constitutionally protected speech, creating a real danger that the statute will chill First Amendment expression.”