Opinion of the Court
his new parent. Nailati signed up.
It was too good to be true. There is no path to citizenship through “adult adoption,” so Nailati waited for months with nothing to show for it. Faced with the expiration of his visa, he asked Hansen what to do. Hansen advised him to stay: “[O]nce you’re in the program,” Hansen explained, “you’re safe. Immigration cannot touch you.” Id., at 92. Believing that citizenship was around the corner, Nailati took Hansen’s advice and remained in the country unlawfully.
Hansen peddled his scam to other noncitizens too. After hearing about the program from their pastor, one husband and wife met with Hansen and wrote him a check for $9,000—initially saved for a payment on a house in Mexico—so that they could participate. Another noncitizen paid Hansen out of savings he had accumulated over 21 years as a housepainter. Still others borrowed from relatives and friends. All told, Hansen lured over 450 noncitizens into his program, and he raked in nearly $2 million as a result.
The United States charged Hansen with (among other crimes) violations of §1324(a)(1)(A)(iv). That clause forbids “encourag[ing] or induc[ing] 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.” In addition to convicting him under clause (iv), the jury found that Hansen had acted “for the purpose of private financial gain,” triggering a higher maximum penalty. App. 116; see §1324(a)(1)(B)(i).
After the verdict came in, Hansen saw a potential way out. Another case involving §1324(a)(1)(A)(iv), United States v. Sineneng-Smith, was pending before the Ninth Circuit, which had sua sponte raised the question whether the clause was an unconstitutionally overbroad restriction of speech. 910 F. 3d 461, 469 (2018). Taking his cue from Sineneng-Smith, Hansen moved to dismiss the clause (iv) charges on First Amendment overbreadth grounds. The District Court rejected Hansen’s argument and sentenced
