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IMMIGRATION AUGUST 25, 2023 | The Indian Eye 51

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Hansen has recently come makes clear that the First Amend- Supreme Court […] treats fraud as ironic that the same Supreme Court
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back into the spotlight in relation ment does not protect speech that a different and unprotected category decision that could leave immigra-
to Donald Trump’s August 1, 2023 facilitates the commission of crimes that is outside of the First Amend- tion lawyers vulnerable to prosecu-
indictment on four charges under under federal statutes. Helaman ment’s protections.” tion has the potential to snare Trump
federal statutes – conspiracy to de- Hansen, too, had been charged with The Trump administration was himself, as well. Hansen is a rather
fraud the United States, conspiracy criminal solicitation under INA characterized by overwhelming double-edged decision – although it
to obstruct an official proceeding, §274(a)(1)(A)(iv) and the Supreme negative views on immigrants and could have problematic aspects for
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obstruction and attempt to obstruct Court ultimately rejected the idea the promulgation of draconian im- immigration lawyers, it may by the
a federal proceeding, and conspiracy that his conduct was protected by migration policies, many of which same token prove useful in striking
against rights – stemming from the the First Amendment. The Supreme are analyzed in our prior blogs. In down any claims by Trump that the
administration’s efforts to overturn Court in Hansen, quoting Illinois ex his remarks to the Executive Office misinformation he spread in an at-
the results of the 2020 presidential rel. Madigan v. Telemarketing Asso- for Immigration Review in 2017, tempt to fraudulently overturn the
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election. ciates, Inc., 538 U.S. 600, 612 (2003), then-Attorney General Jeff Sessions 2020 election is protected as First
Trump’s supporters, including clearly noted that “the First Amend- once made a reference to “dirty im- Amendment speech.
his lawyer John Lauro, have por- ment does not shield fraud[.]” In an migration lawyers”, indicating that *Kaitlyn Box is a Senior Associate at
trayed the indictment as an attack Election Law Blog post, Ciara Tor- the administration held immigration Cyrus D. Mehta & Partners PLLC.
on Trump’s First Amendment right res-Spelliscy observes that “…the lawyers in contempt, as well. It is thus
to engage in political speech. As _________________________________________________________________________________________________________
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Walter Olson points out in a Cato Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
Institute essay, the indictment itself Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
outlines many of the false claims mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
that Trump made in the context of Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member of
the 2020 presidential election, but
does not explicitly “punish the for- Volunteers for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the Board
mer president for speech or advo- of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality Law of the
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cacy as such”. Moreover, the Con- New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including on ethics, and
stitution’s generous protections of is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta
political speech do not extend to all received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011
types of speech, including speech Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the immigration field. He has
constituting fraud, as analyses of also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among the most highly regarded
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the indictment have noted. The Su- lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and
preme Court’s holding in Hansen Chambers Global 2019 in immigration law, among other rankings.

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