June 21, 2019 – SCOTUS Rules Undocumented Immigrants Charged with Possessing Firearms Must Know Their Unlawful Immigration Status to Be Convicted

“In a little-noticed case [Rehaif v. United States], the Supreme Court on Friday [June 21, 2019] held 7–2 that undocumented immigrants charged with possessing firearms must know their unlawful [immigration] status to be convicted of a crime…



The facts of the case are as follows: Hamid Rehaif came to Florida, flunked out of school, and overstayed his student visa. Then he went to a firing range and shot two guns. The federal government tried him for ‘possessing firearms as an alien unlawfully in the United States,’ which carries up to a 10-year sentence for those who ‘knowingly’ violate it…



Notably, this issue won’t just apply to people who are currently charged. Typically, decisions like these also apply retroactively to people who are on direct appeal from their convictions. That means many people currently languishing in federal custody may have an opportunity to challenge their convictions… This case may not resonate solely at the federal level. Many states model their statutes on federal law, and may find themselves bound to follow the Supreme Court’s interpretation where the language is identical.”