http://www.standardspeaker.com/index.ph ... 0&Itemid=2

Shenandoah delays passing IIRA
Wednesday, 23 August 2006
By MIA LIGHT
shenandoah@standardspeaker.com
Borough council on Monday postponed adoption of its proposed Illegal Immigration Relief Act in order to buy time to refine its language. Recent news of a lawsuit filed against the City of Hazleton, where similar legislation has been approved into law, is another reason for Shenandoah Borough’s hesitation.

According to borough Solicitor Michael O’Pake, the borough has advertised its proposed ordinance and stands ready to adopt the legislation, however he said that clarification of the “aid and abet” language would be a prudent move prior to its adoption.

“A summary of the ordinance has been advertised, however, as all of council is aware and the community at large is aware, Hazleton has taken a lead in this and there was a lawsuit filed against Hazleton challenging some of the specific language in the ordinance, specifically the language that imposes fines upon landlords that ‘aided and abetted’ illegal immigrants,” O’Pake said.

The wording, O’Pake said, may be deemed “void for vagueness,” a legal term that means the ordinance may be declared unconstitutional for that reason.

The City of Hazleton recently took action to better define the “aiding and abetting” language in its ordinance, and O’Pake advised Shenandoah Council to continue following Hazleton’s lead by changing the language in its proposed ordinance for clarification before formally adopting the law.

O’Pake said the borough should not only review Hazleton’s redrafted ordinance and make similar changes to its own before taking action, but should also watch the progress of the lawsuit against Hazleton before acting further on the law.

“I’d like to take the opportunity to see (Hazleton’s) redrafted ordinance as well as the lawsuit that was filed in order to see what the specific challenges are so we don’t have to face those challenges in the future,” O’Pake said.

Council agreed to O’Pake’s suggestions and noted that its proposed ordinance would be re-advertised pending any changes to the language.

Prior to the attorney’s advisement, two residents of the borough voiced comment on the proposed legislation. One was in favor of the legislation. One urged caution.

Resident Sophie Drake lauded council’s intention to adopt legislation that would make the community less hospitable to illegal immigrants.

“The ordinance requiring residents to register, identify and document themselves before moving in is the most wonderful thing that ever happened in this town. I think it’s going to cut down on a lot of the fighting and the neighborhood crime,” Drake said. “I just want to say that the people of Shenandoah welcome all minorities – just not illegal ones.”

Resident Flor Gomez, a citizen of the United States and native of Texas who owns and operates the Mexican restaurant in the unit block of East Centre Street in Shenandoah, said council would be wise to watch the progress of the lawsuit against Hazleton before proceeding with adoption of its own.

“I just wanted to bring up that Hazleton did have a lawsuit against it and I thought that you should wait to see what happens there,” Gomez said.

Following O’Pake’s discussion, council Chairman Leo Pietkiewicz brought the issue to a close, at least temporarily, by announcing, “On the advice of the solicitor we are going to table the illegal immigrant ordinance.”