in the statute so i really struggling and i think this was the point of the st question if it's so it's a little bit peculiar for you to say well he encouraged when we haven't yet decided what that means so we don't it doesn't mean solicitation we did because it's a clear case where encouraging has a plaintive if the congress wanted to say solicitation they would have written  could be a non citizen the czerny who correctly advises a non citizen that the only means to seek asylum is that on the united states even if the person doesn't have one hundred documents it could be a doctor who informs a foreign national that lifesaving treatment is know direct involvement in some violation of the law what why hasn't a more reasonable to read it narrowly based on its connection with those terms but in the in the broader way that you're describing how can that be how can that use of interest be protected but not a grandmother saying to each other grandchild i encourage you to join me in the united states if the court were made and that's why i understand the word encouraging and active is and is not rational is not since it is not merely tailored enough for the government's legitimate purpose the government has all these other ways where they can exclude people from the united states and they can do it within the statute through the other means but they can't do it by penalize the such a broad  like to point out to the court is that there are number of limitations here the to prevent reading encourage in such a broad manner as mr mark has advocates the st that this language this in the midst ability provision itself the the object of it is that the alien had to encourage another alien to enter or attempt to enter in violation of law so this is a targeted speech to another particularly alien to commit a criminal action which is illegal entry or illegal reentry this is not a broad base to cover oh i wish you wish would calm united states and live here with me that would not fall within the statute itself he would have to encourage him to say son i need you to cross the border illegally again again there are if you look at the statute itself there are the fact that this word encourage is one in a list of words and to construe this word it should be done with the words around  point i haven't mentioned yet is to persuade this one other particular alien to to commit a criminal act of illegal entry and it needs to be done with this is back to the a was found it admissible for encouraging his in was the decision focuses on the word encouraging his wife and sons to illegally enter the country and yes he did make aspiration statements saying i wish you would come here but he did he did more than that and that fell and that was substantial evidence for a courage he arranged for a smuggler a payment of the smugglers through the wife's parents as language it's not protected speech it is akin to solicitation it is asking for someone to commit the crime of illegal entry earl is different or are you saying it's it's it's similar and but the it's similar in that manner it is different the manner that more fills out there has all these acco is a good point what what is the difference i mean if we end up defining words the word solicitation for example under the model penal code is defined with the word  encourage encouraging i mean you think of other words like it like persuading i mean even inducing is very similar to maybe a little little more heavy handed than encourage them and so we are talking about words that ordinarily a pretty broad but there are limitations here that make it not about up substantial amount of protected speech that's another thing that should be remembered that this is a facial  challenge than it needs a so substantial amount of protected speech has for example the hypotheticals given about the non citizen attorney if a non citizen attorney contacts an alien in mexico who says who  tell him this alien outside the united states says i have this strong persecution claim of afraid at it that if the alien attorney here in the united states suggest to him as in mr  marquez is hypothetical to show up at a poor entry and and seek and say i have a fear of returning and like to you know put forth a credible their claim that wouldn't be a violation of the illegal entry or the legal  facial challenge and we're looking at this in the abstract and whether there's a substantial amount of protected speech being prohibited or that falls within the statute and that's just not that's just not the case  many i mean those are words that are used as can be synonyms used in definitions of solicitation so those two words d are kind of your solicitation part of this and  fullest facilitation part of this all together what you have here by looking at all the words together and that's how we should consider this you have a a provision covering the facilitation or the solicitation ice i think you should look at the whole statue and not read this in isolation that is if you look to the williams supreme court decision that's how the supreme court handled i mean very very open words like promote or prevent child pornography but construed it amongst the other words they're here mr marquette says tailor tis argument to just  protected speech and so that's why the st amendment claim should be rejected i know i know that i have limited time left if fifty seconds decision was issued prior to castor com and and the propriety cast for tom should be looked at in a case where it was directly applied which i know is following myself today and i if there's a questions i thank you very much for your time your honor thank you  simple you can do speech alone it doesn't require any transactional it's it's not solicitation if the government wish to say solicitation in the statute they would have said solicitation with regards ultimate rano in the cases that are because you know i'm not i mean i can find it a bit but that's that's because when a non citizen and they write in a form like are you encouraging i mean that has the meaning that we all know it to mean and they would concede yes if i said please come the united states that might be encouraging there's no ocher but under the plain meaning that would be encouraging