Immigrant’s Removal for Urging Son to Enter US Illegally Upheld

The law under which an immigrant was ordered removed to Mexico because he twice encouraged his son to come to the US illegally doesn’t violate the First Amendment, a divided Ninth Circuit said.

J. Guadalupe Marquez-Reyes entered the US illegally in 1998 and faced removal proceedings in 2013. He sought to have the proceedings canceled because of his good moral character, but admitted that in 2010 and 2011 he encouraged his son to come to the US illegally.

Marquez-Reyes’ request was denied under an Immigration and Nationality Act provision that says an immigrant who “encouraged” another immigrant to enter the ...