This page has been proofread, but needs to be validated.
Cite as: 599 U. S. ____ (2023)
1

Opinion of the Court

Notice: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.

SUPREME COURT OF THE UNITED STATES


No. 22–179


UNITED STATES, PETITIONER v. HELAMAN HANSEN
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
[June 23, 2023]

Justice Barrett delivered the opinion of the Court.

A federal law prohibits “encourag[ing] or induc[ing]” illegal immigration. 8 U. S. C. §1324(a)(1)(A)(iv). After concluding that this statute criminalizes immigration advocacy and other protected speech, the Ninth Circuit held it unconstitutionally overbroad under the First Amendment. That was error. Properly interpreted, this provision forbids only the intentional solicitation or facilitation of certain unlawful acts. It does not “prohibi[t] a substantial amount of protected speech”—let alone enough to justify throwing out the law’s “plainly legitimate sweep.” United States v. Williams, 553 U. S. 285, 292 (2008). We reverse.

I

In 2014, Mana Nailati, a citizen of Fiji, heard that he could become a U. S. citizen through an “adult adoption” program run by Helaman Hansen. Eager for citizenship, Nailati flew to California to pursue the program. Hansen’s wife told Nailati that adult adoption was the “quickest and easiest way to get citizenship here in America.” App. 88. For $4,500, Hansen’s organization would arrange Nailati’s adoption, and he could then inherit U. S. citizenship from