This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
The Court notes that the language of the statute is not unusual in this context.
The statute covers facilitation and solicitation of criminal conduct related to unlawful entry into the United States.
Background and question before the Court
Oral argument took place before the Supreme Court of the United States at 10:27 a.m.
Chief Justice Roberts asked whether there are situations in which the statute would be unconstitutional as applied.
According to Justice Alito, justice Alito questioned whether a single encouragement is insufficient but repeated forceful encouragement could constitute a violation.
Justice Kavanaugh asked whether a statute that criminalizes aid, abet, or solicit conduct that is not itself criminal would be permissible on its face.
What each side argues
United States (Petitioner)
Source-limited. The record does not yet support a complete account.
Evelyn Sineneng‑Smith (Respondent)
According to Respondent, respondent asserts that there are no documented instances where the statute has been applied to protected First Amendment activity.
What happened at oral argument
Chief Justice Roberts asked whether the statute could be unconstitutional in some applications.
According to Justice Alito, justice Alito probed whether repeated, forceful encouragement could rise to a violation.
According to Justice Kavanaugh, justice Kavanaugh questioned the constitutionality of criminalizing aid, abet, or solicit conduct that is not itself criminal.
Justice Sotomayor asked what notice the statute gives an average person about its limitations.
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 51c3677311f21571779c-r1-2538dde01d454fb6.pdforal argument transcript
Guide generated September 27, 2026. Automated validation accepted this version.