Thread: AP NewsBreak: HAZELTON Pa. Immigrant Law Voided

This is a sad day for Hazelton and the rest of the country. But all along I saw this judge leaning this way (and believe me using the word judge is killing me)

Court throws out city's illegal immigration law
Thu Jul 26, 2007 2:46PM EDT
By Jon Hurdle

HAZLETON, Pa (Reuters) - A U.S. judge on Thursday struck down as unconstitutional a local law designed to crack down on illegal immigration, dealing a blow to similar laws passed by dozens of towns and cities across the country.

U.S. District Judge James Munley said the city of Hazleton, 100 miles north of Philadelphia, was not allowed to implement a law that would fine businesses that hire illegal immigrants and penalize landlords who rent rooms to them.

"Federal law prohibits Hazleton from enforcing any of the provisions of its ordinances," Munley wrote in a 206-page opinion following a federal trial in which Hazleton's law was challenged by civil rights groups.

The city of 30,000 blames a recent rise in illegal immigration for boosting crime and overburdening social services. The law was passed in July 2006 but was not implemented because of a court injunction won by opponents.

About a third of the city's residents are immigrants from Central America and around a quarter of the immigrant population is believed to be undocumented, according to civil rights campaigners.

Hazleton Mayor Lou Barletta said the city would likely appeal the decision.

"I believe both sides realized this wasn't going to be the last day. This small city isn't ready to stop fighting yet," Barletta told CNN.

Dozens of towns and cities have modeled their own immigration laws on Hazleton in a bid to deal with an estimated 12 million illegal immigrants living in the United States.

http://www.reuters.com/article/domestic ... 9120070726

This link has a good video of Mayor Barletta:
http://www.msnbc.msn.com/id/19978003/

Judge voids city’s illegal immigration law
Hazleton’s crackdown emulated across nation; ruling likely to be appealed
The Associated Press
Updated: 11:42 a.m. PT July 26, 2007
ALLENTOWN, Pa. - A federal judge on Thursday struck down the city of Hazleton's tough crackdown on illegal immigrants, ruling unconstitutional a law that has been emulated by towns and cities around the United States.

The Illegal Immigration Relief Act sought to impose fines on landlords who rent to illegal immigrants and deny business permits to companies that give them jobs. Another measure would have required tenants to register with City Hall and pay for a rental permit. It was pushed by the Pennsylvania city's Republican mayor last summer after two illegal immigrants were charged in a fatal shooting.

Hispanic groups and illegal immigrants sued in federal court to overturn the measures, saying they usurp the federal government's exclusive power to regulate immigration, deprive residents of their constitutional rights to equal protection and due process, and violate state and federal housing law.

"This decision should be a blaring red stoplight for local officials thinking of copying Hazleton's misguided and unconstitutional law," said Witold Walczak, legal director of the American Civil Liberties Union of Pennsylvania, which represented the plaintiffs.

Other cities mimic
More than 90 communities across the U.S., frustrated by the Congressional impasse on dealing with illegal immigrants, have considered or approved measures similar to Hazleton's. U.S. District Judge James Munley's ruling does not affect those measures.

Munley said Hazleton's act was pre-empted by federal law and violated the plaintiffs' due process rights.


"Whatever frustrations ... the city of Hazleton may feel about the current state of federal immigration enforcement, the nature of the political system in the United States prohibits the city from enacting ordinances that disrupt a carefully drawn federal statutory scheme," Munley wrote in a 206-page opinion.

"Even if federal law did not conflict with Hazleton's measures, the city could not enact an ordinance that violates rights the Constitution guarantees to every person in the United States, whether legal resident or not," he added.

Overwhelming presence
Mayor Lou Barletta, chief proponent of the crackdown, contends illegal immigrants have brought drugs, crime and gangs to the city of more than 30,000, overwhelming police, schools and hospitals.

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

Testimony during the nine-day trial pegged the city's illegal immigrant population at between 1,500 and 3,400.

Let's contribute to Hazleton to help defray their legal costs. This small town is fighting against the extremely well-funded ethnic pressure groups. Here is link to help them out:

http://www.smalltowndefenders.com/public/

well, so an activist judge won't let hazelton enact a common sense ordinance to protect the town and it's LEGAL citizens. I recommend that all towns with a shred of a problem with illegal immigrants apply for 287(g) since it is now obvious that only solution is DEPORTATION of all illegal aliens. Flood the federal government with 287(g) applications!!!

AP NewsBreak: Pa. Immigrant Law Voided
Thursday July 26, 5:13 pm ET
By Michael Rubinkam, Associated Press Writer
AP NewsBreak: Judge Strikes Down Hazleton's Tough New Anti-Illegal Immigration Law

HAZLETON, Pa. (AP) -- A federal judge on Thursday struck down Hazleton's tough anti-illegal immigration law, ruling unconstitutional a measure that has been copied around the country.
The city's Illegal Immigration Relief Act sought to impose fines on landlords who rent to illegal immigrants and deny business permits to companies that give them jobs. Another measure would have required tenants to register with City Hall and pay for a rental permit.

U.S. District Judge James Munley voided the law Thursday based on testimony from a nine-day trial held in March.

Hazleton Mayor Lou Barletta called the decision bizarre and said he intends to file an appeal.

"This was a case where a federal judge protected the rights of anonymous illegal aliens," he told The Associated Press in a phone interview. "This fight's far from over."

The Republican mayor had pushed for the strict laws last summer after two illegal immigrants were charged in a fatal shooting. Barletta argued that illegal immigrants brought drugs, crime and gangs to the city of more than 30,000, overwhelming police and schools.

Immigrant groups sued, saying the laws usurp the federal government's exclusive power to regulate immigration, deprive residents of their constitutional rights to equal protection, and violate state and federal housing law.

In a 206-page opinion, Munley said the act was pre-empted by federal law and would violate due process rights.

"Whatever frustrations ... the city of Hazleton may feel about the current state of federal immigration enforcement, the nature of the political system in the United States prohibits the city from enacting ordinances that disrupt a carefully drawn federal statutory scheme," Munley wrote.

"Even if federal law did not conflict with Hazleton's measures, the city could not enact an ordinance that violates rights the Constitution guarantees to every person in the United States, whether legal resident or not," he added.

Hispanic immigrants began settling in Hazleton in large numbers several years ago, lured from New York, Philadelphia and other cities by cheap housing, low crime and the availability of work 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. Testimony during the trial put the number of illegal immigrants at between 1,500 and 3,400.

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. Munley's ruling does not affect those measures.

Witold J. Walczak, legal director of the American Civil Liberties Union of Pennsylvania, which represented the plaintiffs, said other cities should take notice.

"This decision should be a blaring red stoplight for local officials thinking of copying Hazleton's misguided and unconstitutional law," Walczak said.

http://biz.yahoo.com/ap/070726/illegal_ ... .html?.v=1

Added to Homepage:
http://www.alipac.us/modules.php?name=N ... =0&thold=0

sooo does this judge ever actually show how it is unconstitutional? Does he ever point to an article of a law and say.... this is what it violates?

no. It appears he is just saying what he thinks.

So how do illegal immigrants have constitutional rights when they are not American citizens but foreign nationals?

So the judge did not want a town to enforce federal laws or any laws. But what laws are being enforced by our federal government against illegal immigrants to protect Americans.

I heard Mayor Barletta on the John and Ken show tonight and he said the judge made some political statements during the trial and that in itself was good cause for an appeal. He gave a couple examples but I'm sorry I did not take note of them. The mayor is not surprised by the ruling and sounds so confident and determined to continue forward.