WASHINGTON — When the Supreme Court hears arguments this spring on the constitutionality of a curious law that makes it a crime to “encourage” unauthorized immigrants to come to or stay in the United States, the justices may have a sense of déjà vu.
They heard arguments on the same question three years ago, with several of them suggesting that the law, enacted in 1986, violated the First Amendment by turning commonplace statements into felonies.
Chief Justice John G. Roberts Jr. asked about “a grandmother whose granddaughter is in the United States illegally.” Would it be a crime, he wanted to know, if she told her granddaughter that she missed her and encouraged her to stay?
