Supreme Court skeptical of man who offered adult adoptions

Lawyer Blogs

The Supreme Court seemed inclined Monday to rule against a man convicted of violating immigration law for offering adult adoptions he falsely claimed would lead to citizenship.

Attorneys for Helaman Hansen told the justices during approximately 90 minutes of arguments that the law he was convicted of violating was too broad. But the court’s conservative majority in particular seemed willing to side with the government and conclude that it is not.

Justice Neil Gorsuch noted that the law “has been on the books for 70 years” without some of the issues Hansen’s lawyers worried about. He also expressed no sympathy for Hansen himself, who he said was “taking advantage of very vulnerable people.”

“He had every intent in the world to keep these people here to take their money with no prospect they’d ever” actually get citizenship, Gorsuch said.

The case involves a section of federal immigration law that says a person such as Hansen who “encourages or induces” a non-citizen to come to or remain in the United States illegally can be punished by up to five years in prison. That’s increased to up to 10 years if the person doing the encouraging is doing so for their own financial gain.

The federal government says that from 2012 to 2016 Hansen — who lived in Elk Grove, California, near Sacramento — deceived hundreds of non-citizens into believing that he could guarantee them a path to citizenship through adult adoption.

Based on Hansen’s promises, officials say, people either came to or stayed in the United States in violation of the law, even though Hansen knew that the adult adoptions he was arranging would not lead to citizenship. The government says at least 471 people paid him between $550 and $10,000 and that in total he collected more than $1.8 million.

Hansen was ultimately convicted of encouragement charges as well as fraud charges. He was sentenced to 10 years in prison for the encouragement charges and another 20 years on the fraud charges. But a federal appeals court ruled that the law on encouragement is overbroad and violates the free speech clause of the First Amendment and overturned just those convictions.

The court’s three liberal justices seemed more concerned about the reach of the law. Justice Elena Kagan asked “what happens to all the cases” where a lawyer, doctor, neighbor, friend or teacher “says to a non-citizen: ‘I really think you should stay.’” Kagan wanted to know whether those people could or would be prosecuted under the law.

Related listings

  • Judge OK’s Arizona rancher trial in Mexican migrant killing

    Judge OK’s Arizona rancher trial in Mexican migrant killing

    Lawyer Blogs 02/26/2023

    An Arizona rancher accused of shooting at a group of migrants on his property near the U.S.-Mexico border, killing one man, will face trial on charges including second-degree murder and aggravated assault, a judge ruled Friday.Santa Cruz County Justi...

  •  Pakistani court acquits parents of activist in treason case

    Pakistani court acquits parents of activist in treason case

    Lawyer Blogs 02/16/2023

    A Pakistani court on Wednesday acquitted the parents of an exiled female human rights activist, a defense lawyer said, three years after the couple was arrested on charges of terror financing and sedition.The 2019 arrests of Gulalai Ismail’s pa...

  • Pence subpoenaed by special counsel probing Trump

    Pence subpoenaed by special counsel probing Trump

    Lawyer Blogs 02/08/2023

    Former Vice President Mike Pence has been subpoenaed by the special counsel overseeing investigations into efforts by former President Donald Trump and his allies to overturn the results of the 2020 election, according to a person with direct knowled...

Is Now the Time to Really Call a Special Education Lawyer?

IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.

Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.

Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.

Business News

St Peters, MO Professional License Attorney Attorney John Lynch has been the go-to choice for many professionals facing administrative sanction. >> read