KCUR-FM reports that on Wednesday, Judge Carlos Murguia of the U.S. District Court of Kansas ruled, based on a Ninth Circuit opinion, that 8 U.S.C. §1324, the law prohibiting someone from “encouraging” or “inducing” illegal immigration, is an unconstitutional infringement upon the First Amendment. In doing so, Murguia vacated the convictions of two illegal aliens, Jose Felipe Hernandez-Calvillo and Mauro Papalotzi, who were convicted in August 2018 by a jury for conspiring to encourage illegal aliens to remain here through employment at a drywall company in Lawrence, Kansas. Four others were originally indicted by a grand jury in 2015.
This law has been on the books in some form for over 130 years, and numerous federal courts have upheld convictions based on §1324. Yet one judge, who worked for an open-borders group named El Centro Inc. and whose sister Janet Murguia is president of La Raza (now called UnidosUS), suddenly thinks conspiring to harbor and encourage illegal immigration violates the First Amendment.