As a new administration takes office, significant changes are expected in the field of immigration law. Immigration attorneys must stay informed about these shifts, particularly regarding executive orders, congressional acts, and potential U.S. Supreme Court rulings that could impact their practice. A critical concern for attorneys will be the possible changes in how their legal advice is viewed, especially concerning the risk of criminal liability under the new administration.
Legal Risks and the Fine Line Between Legal and Illegal Advice
One of the most important legal developments for immigration attorneys is the 2023 U.S. Supreme Court ruling in U.S. v. Hansen. The case revolved around a fraudulent immigrant adoption scheme where the defendant, Helaman Hansen, falsely promised that adult adoption could lead to U.S. citizenship. Hansen was charged with encouraging or inducing noncitizens to reside unlawfully in the U.S., violating Title 8, Section 1324(a)(1)(A)(iv) of the U.S. Code, which prohibits the encouragement of illegal immigration.
