The U.S. Court of Appeals for the Ninth Circuit on Tuesday struck down a federal law that made a potential felon out of anyone who “encourages or induces” undocumented immigrants to remain in the U.S. in violation of the country’s immigration laws.

The decision strikes down subsection iv of 8 U.S.C. § 1324(a)(1)(A), which permits a felony prosecution against anyone who “encourages or induces an alien to come to, enter, or reside in the United States” if the offender knew, or recklessly disregarded “the fact that such coming to, entry, or residence is or will be in violation of law.”

Judge A. Wallace Tashima, U.S. Court of Appeals for the Ninth Circuit. Photo: Jason Doiy/ALM

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