In a major ruling with implications for employers of undocumented immigrants, a federal judge in Kansas said a law making it a crime to encourage or induce such immigrants to live in the United States is unconstitutional.
U.S. District Judge Carlos Murguias ruling concerned a law passed by Congress in 1952 and amended several times since. It authorizes up to five years in prison for anyone 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.
The statute tacks on another five years to the sentence if the defendant acted for the purpose of commercial advantage or private financial gain.
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