United States v. Hansen: “Encourage or Induce” Means Solicitation or Facilitation

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Hansen ran a fraudulent adult-adoption program promising a path to citizenship and was convicted under the federal encouragement provision. The Ninth Circuit found the statute facially overbroad.

Facts and posture

Hansen charged noncitizens for purported adult adoptions that did not produce lawful status and encouraged some to remain after visas expired.

Issue and competing readings

The defense read “encourage or induce” broadly enough to criminalize ordinary advocacy. The government argued the phrase carried established criminal-law meanings of solicitation and facilitation.

Reasoning and holding

The Court adopted the narrower criminal-law construction, requiring purposeful solicitation or facilitation of specific unlawful conduct. On that construction, the statute had a legitimate sweep and was not facially overbroad.

Disposition

The Ninth Circuit judgment was reversed and the case remanded.

Limits, subsequent use, and practical implications

The case addressed a facial First Amendment challenge to a criminal statute. It does not criminalize neutral legal advice or every expression of support, and application depends on intent and the specific conduct solicited or facilitated.