David Allen Anderton v. United States

Whether to “encourage” or “induce” an alien to come to, enter, or reside in the United States in reckless disregard of the alien’s “in violation of law” status, the serious felony offense created by 8 U.S.C. § 1324’s residual clause [8 U.S.C. § 1324 (a)(1)(A)(iv)], is impermissibly vague because it leaves the choice of prohibited conduct and unbridled enforcement discretion to law enforcement, prosecutors, judges and juries, in contravention of the due process of law and the separation of powers, and because the statute’s overbreadth runs afoul of the First Amendment’s guarantee that no law shall abridge the freedom of speech.