Thread: Federal appeals court to hear Hazleton's case

Federal appeals court to hear Hazleton's case
Of The Morning Call
11:42 AM EDT, September 8, 2008



Hazleton will get to argue before a federal appeals court Oct. 31 that a federal judge wrongly struck down the city's ordinance making it against the law to hire or rent housing to illegal immigrants, Mayor Lou Barletta announced today.

The 3rd Circuit Court of Appeals has agreed to have the appeal heard by a three-judge panel, and recent rulings by other circuit appeals courts have given the city hope it can prevail, said Kris Kobach and Hank Mahoney, attorneys representing the city in defending its Illegal Immigration Relief Act.

"We're not going to waver, we're not going to back down, and we're going to continue this fight," Barletta said at a news conference.

U.S. District Judge James M. Munley struck down the ordinance in July 2007, calling it unconstitutional and saying it violated due process protections and the Supremacy Clause, which acknowledges federal law as the supreme law of the land.



After the arguments, the federal panel likely will not rule for six months, and perhaps a year, Kobach said.

More than 100 municipalities nationwide are watching the case to decide how to proceed with their own ordinances, Barletta said.

The ordinance would impose heavy fines on landlords who rent to illegal immigrants and businesses that hire them.

Barletta introduced it in June 2006 after several violent crimes he attributed to illegal immigrants who followed thousands of Hispanics to Hazleton, which has more than 30,000 residents.

Several residents, along with the American Civil Liberties Union and the Puerto Rican Legal Defense Fund, filed suit in August 2006, claiming the ordinance was misguided, unconstitutional and undemocratic.

Barletta said Monday that a "severe illegal immigration problem" continues to plague the city, with two more arrests of illegal immigrants over the weekend. He said the city's population -- but not its tax base -- continues to grow, indicating a growth in the number of illegal immigrants.

Barletta, a Republican, gained national attention for his passionate support of the ordinance, and has used it as an issue in challenging U.S. Rep. Paul Kanjorski for his 11th District U.S. House seat. The election would be four days after the appeal is argued in federal court.

-- Reporting by John J. Moser of The Morning Call








http://www.mcall.com/news/local/all-imm ... ?track=rss

BARLETTA for PRESIDENT!! Him I would vote for!!!