9.4 ALIEN—ENCOURAGING ILLEGAL ENTRY

(8 U.S.C. § 1324(a)(1)(A)(iv))

Comment

The Committee withdrew this instruction in light of the Ninth Circuit's decision in United States v. Sineneng-Smith, 910 F.3d 461, 485 (9th Cir. 2018) (holding 8 U.S.C. § 1324(a)(1)(A)(iv) unconstitutionally overbroad in violation of First Amendment). This instruction remains under review in light of the Supreme Court's certiorari grant in United States v. Sineneng-Smith, No. 19-67, ___ S. Ct. ___, 2019 WL 4889927 (Oct. 4, 2019).

Approved 10/2019