published Friday, September 10th, 2010

Mayor to take immigration law to Supreme Court

By MICHAEL RUBINKAM

Associated Press Writer

HAZLETON, Pa. — A federal appeals court ruled Thursday that Hazleton, Pa., may not enforce its crackdown on illegal immigrants, dealing another blow to 4-year-old regulations that inspired similar measures around the country. The city’s mayor pledged to take the case to the Supreme Court.

The 3rd U.S. Circuit Court of Appeals in Philadelphia said that Hazleton’s Illegal Immigration Relief Act usurped the federal government’s exclusive power to regulate immigration.

“It is ... not our job to sit in judgment of whether state and local frustration about federal immigration policy is warranted. We are, however, required to intervene when states and localities directly undermine the federal objectives embodied in statutes enacted by Congress,” wrote Chief Judge Theodore McKee.

Appeals courts are split on whether states and municipalities have the right to enforce laws dealing with immigration. The U.S. Supreme Court will hear arguments over a 2007 Arizona law that prohibits employers from knowingly hiring illegal immigrants.

Hazleton, a northeastern Pennsylvania city of more than 30,000, had sought to fine landlords who rent to illegal immigrants and deny business permits to companies that give them jobs. A companion measure required prospective tenants to register with City Hall and pay for a rental permit.

Mayor Lou Barletta had pushed the measures in 2006 after two illegal immigrants were charged in a fatal shooting. The Republican mayor, now mounting his third try for Congress, argued that illegal immigrants brought drugs, crime and gangs to the city of more than 30,000 and overwhelmed police, schools and hospitals.

“Hazleton was the first, and became the symbol of hope for many around the country,” he said at a news conference after the ruling was released by the appeals court on its website.

“Since I proposed this law more than four years ago, we have seen the growing frustration all across the country,” he said, a nod to similar measures in Arizona, Farmers Branch, Texas and Valley Park, Mo.

“This frustration is not going away and it will not go away until the federal government finally secures our borders and cracks down on illegal immigration,” he added.

Barletta took no questions but pledged to take the case to the Supreme Court.

“Today’s decision by the 3rd Circuit Court is not unexpected. I’m not disillusioned by this ruling,” Barletta said. “We knew this would not be the last stop on our journey.”

Hispanic groups and illegal immigrants sued to overturn the measures, and a federal judge struck them down following a trial in 2007. The laws have never been enforced.

“This is a major defeat for the misguided, divisive and expensive anti-immigrant strategy that Hazleton has tried to export to the rest of the country,” ACLU attorney Omar Jadwat said in a statement.

Hazleton’s act was copied by dozens of municipalities around the nation that believe the federal government hasn’t done enough to stop illegal immigration.

The crux of the debate has now shifted to Arizona and its strict new law, passed this year, that’s also being challenged in court; among other things, it requires police to question the immigration status of people they suspect are in the country illegally.

In the Hazleton case, the appeals court said the city’s ordinances conflict with federal immigration law and thus are pre-empted. The employment provision could lead to discrimination against “those perceived as foreign,” the court said, while the effort to prevent illegal immigrants from living in Hazleton ignores that it is the federal governments’ prerogative to decide who stays and who goes.

The city’s law, for example, could force out a college student the federal government has declined to remove, or a battered spouse who could be eligible to stay in the United States under protections afforded by Congress, according to the unanimous decision.

Kris Kobach, a law professor and political candidate in Kansas who worked with Hazleton on its ordinance and represented the city at trial, said Thursday that the 3rd Circuit ignored Supreme Court precedent regarding pre-emption.

“It’s going to be difficult for this opinion to stand. The court really had to stretch to find a way to agree with the ACLU,” said Kobach, who also helped draft Arizona’s immigration law.

Hispanic immigrants began settling in large numbers in Hazleton several years ago, lured from New York, Philadelphia and other cities by cheap housing, low crime and jobs in nearby factories and farms. The city, 80 miles northwest of Philadelphia, estimates its population increased by more than 10,000 between 2000 and 2006.

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OldTimer1933 said...

It seems to me that if "it is federal government’s exclusive power to regulate immigration" then why have the judges not ruled that the head of the government agency is guilty of dereliction of duty, malfeasance in office or a host of other things related to FAILING to regulate 'immigration', and then state that if it were not for the failures of the federal goverbment to do its duty to protect the rights of U.S. citizens, none of the other government entities from states on down to municipalities would even be attempting to do anything.

After all, how loudly and how long have Congressional Democrats and members of the Obama administration clamored about the need for government to 'regulate' just about everything else and yet ignore the very thing that has been ruled by several federal courts that it is their DUTY to REGULATE while 70 or more percent of 'the People are screaming "Do something to prevent illegal border crossers from coming to or staying in the United States".

September 10, 2010 at 1:32 p.m.
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