ImmigrationCourt declares Hazleton, Pa. immigration ordinances unconstitutional
In 2006, the town of Hazelton, Pennsylvania, passed ordinances which denied licenses to businesses which knowingly hire undocumented workers and fined landlords who rented apartments to illegal immigrants. The ordinances have been emulated by several other states and cities since. On Friday, an appeals court declared the ordinance unconstitutional: “The ordinances disrupt a well-established federal scheme for regulating the presence and employment of immigrants in the U.S.,” Judge Munley wrote, adding that such ordinances violate the Supremacy Clause of the U.S. Constitution.
A federal appeals court barred a Pennsylvania town from crack down on illegal immigrants in a manner the court said was usurping federal prerogatives on setting immigration policy.
The New York Times reports that the Third Circuit Court of Appeals in Philadelphia ruled Friday that ordinances passed in 2006 in the town of Hazleton, Pennsylvaniausurped the government’s authority over formulating and enforcing immigration laws.
In 2006 Hazleton mayor Lou Barletta blamed undocumented immigrants for crime in the city and said they overburdened hospitals, schools, and law enforcement in the town of 30,000.
The ordinances –the Illegal Immigration Relief Act Ordinance — passed by the City Council denied licenses to businesses which knowingly hire undocumented workers and fined landlords who rented apartments to illegal immigrants. The ordinances have been emulated by several other states and cities since.
In 2007 the laws were knocked down by a U.S. court,and an appeals court upheld the ruling in 2010. The city launched another appeal, and on Friday, the appeals court upheld the earlier decision.
“We again conclude that both the employment and housing provisions of the Hazleton ordinances are pre-empted by federal immigration law. Accordingly, we will again affirm the District Court’s order enjoining enforcement of these provisions,” Judge Munley wrote in an eagerly awaited 206-page opinion.“Federal law prohibits Hazleton from enforcing any of the provisions in its ordinances. Thus, we will issue a permanent injunction enjoining their enforcement.”
“The ordinances disrupt a well-established federal scheme for regulating the presence and employment of immigrants in the U.S.,” Judge Munley wrote, adding that such ordinances violate the Supremacy Clause of the U.S. Constitution.
The American Civil Liberties Union, which challenged the ordinances along with other organizations, believes the ordinances are now dead.
“This has always been a thinly veiled effort by a city to change immigration laws and fortunately the court once again saw through it,” Witold Walczak, legal director of the American Civil Liberties Union of Pennsylvania said.
Current Hazelton Mayor Joseph Yannuzzi said he is not done fighting and said the city will continue its battle in court with the help of donations to pay for the legal fees.
Hazleton can request a hearing before the entire Third Circuit Court. If that does not work, it can again ask the U.S. Supreme Court to hear an appeal.
